45 Setting aside award
on any of the following grounds:
(a) a party entered into the arbitration agreement while under a
legal incapacity;
(b) the arbitration agreement is invalid or has ceased to exist;
(c) the award deals with a matte r in dispute that the arbitration
agreement does not cover or contains a decision on a matter
in dispute that is beyond the scope of the agreement;
(d) the composition of the a rbitral tribunal was not in
accordance with the arbitration agreement or, if the
agreement did not deal with the matter, was not in
accordance with this Act;
(e) the subject-matter of the a rbitration is not capable of being
the subject of arbitration under Alberta law;
RSA 2000
(f) the applicant wa s treated manifestly unfairly and unequally,
was not given an opportunity to present a case or to respond
to another party's case, or was not given proper notice of the
arbitration or of the appointment of an arbitrator;
(g) the procedures followed in t he arbitration did not comply
with this Act or the arbitration agreement;
(h) an arbitrator has committed a corrupt or fraudulent act or
there is a reasonable apprehension of bias;
(i) the award was obtained by fraud.
(2) If subsection (1)(c) applies and it is reasonable to separate the
decisions on matters covered by the arbitration agreement from the
impugned ones, the court shall set aside the impugned decisions
and allow the others to stand.
(3) The court shall not set aside an award on grounds referred to in
subsection (1)(c) if the applicant has agreed to the inclusion of the
matter in dispute, waived the right to object to its inclusion or
agreed that the arbitral tribunal has power to decide what matters in
dispute have been referred to it.
(4) The court shall not set aside an award on grounds referred to in
subsection (1)(h) if the applicant had an opportunity to challenge
the arbitrator on those grounds under section 13 before the award
was made and did not do so or if those grounds were the subject of
an unsuccessful challenge.
(5) The court shall not set aside an award on a ground to which the
applicant is deemed under section 4 to have waived the right to
object.
(6) If the ground alleged for setting aside the award could have
been raised as an objection to the arbitral tribunal's jurisdiction to
conduct the arbitration, the court may set the award aside on that
ground if it considers the applicant's failure to make an objection in
accordance with section 17 justified.
(7) When the court sets aside an award, it may remove an
arbitrator or the arbitral tribunal and may give directions about the
conduct of the arbitration.
(8) Instead of setting aside an award, the court may remit it to the
arbitral tribunal and give directions about the conduct of the
arbitration.
1991 cA-43.1 s45
RSA 2000