UNCITRAL MODEL LAW ON
INTERNATIONAL COMMERCIAL ARBITRATION
see this article in the full MAL
Article 34. Application for setting aside as exclusive recourse against arbitral
(1) Recourse to a court against an arbitral award may be made only by an application for setting
aside in accordance with paragraphs (2) and (3) of this article.
(2) An arbitral award may be set aside by the court specified in article 6 only if:
(a) the party making the application furnishes proof
(3) An application for setting aside may not be made after three months have elapsed from the
date on which the party making that application had received the award or, if a request had been
made under article 33, from the date on which that request had been disposed of by the arbitral
(i) a party to the arbitration agreement referred to in article 7 was under some incapacity; or the said
agreement is not valid under the law to which the parties have subjected it or, failing any
indication thereon, under the law of this State; or
(b) the court finds that:
(ii) the party making the application was not given proper notice of the appointment of an arbitrator or of
the arbitral proceedings or was otherwise unable to present his case; or
(iii) the award deals with a dispute not contemplated by or not falling within the terms of the submission
to arbitration, or contains decisions on matters beyond the scope of the submission to arbitration,
provided that, if the decisions on matters submitted to arbitration can be separated from those not
so submitted, only that part of the award which contains decisions on matters not submitted to
arbitration may be set aside; or
(iv) the composition of the arbitral tribunal or the arbitral procedure was not in accordance with the
agreement of the parties, unless such agreement was in conflict with a provision of this Law from
which the parties cannot derogate, or, failing such agreement, was not in accordance with this
(i) the subject-matter of the dispute is not capable of settlement by arbitration under the law of this
(ii) the award is in conflict with the public policy of this State.
(4) The court, when asked to set aside an award, may, where appropriate and so requested by a
party, suspend the setting aside proceedings for a period of time determined by it in order to give
the arbitral tribunal an opportunity to resume the arbitral proceedings or to take such other action
as in the arbitral tribunal's opinion will eliminate the grounds for setting aside.
SEE ALSO THE SEPARATE ENTRIES FOR THE OTHER SECTIONS OF THIS ARTICLE.
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