(1)
Recourse to the court against an arbitral award may be made only by an application for setting aside the award under subsections (2) and (3).
(2)
An arbitral award may be set aside by the court only if-
(a)
the party making the application furnishes proof that-
(i)
a party to the arbitration agreement was under some incapacity;
(ii)
the arbitration agreement is not valid under the law to which the parties have subjected it or, if there is no indication of that law, the law of Uganda;
(iii)
the party making the application was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was unable to present his or her case;
(iv)
the arbitral award deals with a dispute not contemplated by or not falling within the terms of the reference to arbitration or contains decisions on matters beyond the scope of the reference to arbitration; except that if the decisions on matters referred to arbitration can be separated from those not so referred, only that part of the arbitral award which contains decisions on matters not referred to arbitration may be set aside;
(v)
the composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties, unless that agreement was in conflict with a provision of this Act from which the parties cannot derogate, or in the absence of an agreement, was not in accordance with this Act;
(vi)
the arbitral award was procured by corruption, fraud or undue means or there was evident partiality or corruption in one or more of the arbitrators; or
(vii)
the arbitral award is not in accordance with the Act;
(b)
the court finds that-
(i)
the subject matter of the dispute is not capable of settlement by arbitration under the law of Uganda; or
(ii)
the award is in conflict with the public policy of Uganda.
(3)
An application for setting aside the arbitral award may not be made after one month has elapsed from the date on which the party making that application had received the arbitral award, or if a request had been made under section
33
, from the date on which that request had been disposed of by the arbitral award.
(4)
The court, when required to set aside an arbitral award, may, where appropriate and if requested by a party, suspend the proceedings to set aside the arbitral award 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 opinion of the arbitral tribunal will eliminate the grounds for setting aside the arbitral award.
(5)
If an application for the setting aside or suspension of an arbitral award has been made to a court, the court may, if it considers it proper, adjourn its decision and may also, on the application of the party claiming recognition or enforcement of the arbitral award, order the other party to provide appropriate security.