Supreme Court Rules 2000

An application under section 34 of the Commercial Arbitration Act to set aside an award must identify – if the applicant relies on section 34(2)(a) of the Commercial Arbitration Act, which subparagraph of section 34(2)(a) is relied upon; and if the applicant relies on section 34(2)(b) of the Commercial Arbitration Act, which subparagraph of section 34(2)(b) is relied upon; and brief grounds for seeking the order.

The application must be accompanied by an affidavit – exhibiting – a copy of the arbitration agreement; and a copy of the award including the reasons of the arbitral tribunal for the award; and identifying – the detailed grounds for seeking the order; and the material facts relied on; and the date on which the applicant received the award or, if a request was made to the arbitral tribunal under section 33 of the Commercial Arbitration Act to correct the award, the date on which that request was disposed of by the arbitral tribunal.

The application and supporting affidavit are to be served on any person whose interest might be affected by the setting aside of the award.

An application by a party to the arbitration under section 34(4) of the Commercial Arbitration Act is to be made by interlocutory application in the proceeding commenced under subrule (1).