Page:International Arbitration Act (Cap, 143A, 1995Ed.).pdf/13

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12
Cap. 143A
International Arbitration
1995 Ed.

of the judgment may be published in law reports and professional publications but, if any party to the proceedings reasonably wishes to conceal any matter, including the fact that he was such a party, the court shall—

(a) give directions as to the action that shall be taken to conceal that matter in those reports; and
(b) if it considers that a report published in accordance with directions given under paragraph (a) would be likely to reveal that matter, direct that no report shall be published until after the end of such period, not exceeding 10 years, as it considers appropriate.

Court may set aside award. 24. Notwithstanding Article 34 (1) of the Model Law, the High Court may, in addition to the grounds set out in Article 34 (2) of the Model Law, set aside the award of the arbitral tribunal if—

(a) the making of the award was induced or affected by fraud or corruption; or
(b) a breach of the rules of natural justice occurred in connection with the making of the award by which the rights of any party have been prejudiced.

Liability of arbitrator. 25. An arbitrator shall not be liable for—

(a) negligence in respect of anything done or omitted to be done in the capacity of arbitrator; and
(b) any mistake in law, fact or procedure made in the course of arbitral proceedings or in the making of an arbitral award.

Transitional provisions. 26.—(1) This Part shall not apply in relation to an international arbitration between parties to an arbitration agreement that was commenced before 27th January 1995 unless the parties have (whether in the agreement or in any other document in writing) otherwise agreed.

(2) Subject to subsection (1), where the arbitral proceedings were commenced before 27th January 1995, the law governing the arbitration agreement and the arbitration shall be the law which would have applied if this Act had not been enacted.