Section 74Part 10 — POWER OF COURT IN RELATION TO AWARD
Power of court to give relief where arbitrator is not impartial or the dispute involves a question of fraud, etc.
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74. (1) Where —
an agreement between the parties provides that disputes that may arise in the future between them shall be referred to an arbitrator named or designated in the agreement; and
after a dispute has arisen any party applies, on the ground that the arbitrator so named or designated is not or may not be impartial, for leave to revoke the authority of the arbitrator or for an injunction to restrain the other party or the arbitrator from proceeding with the arbitration, it shall not be a ground for refusing the application that the party at the time when he made the agreement knew, or ought to have known, that the arbitrator, by reason of his relation towards any other party to the agreement or of his connection with the subject referred, might not be capable of impartiality.
Where an agreement between the parties provides that disputes that may arise in the future between them shall be referred to arbitration, and a dispute that arises involves the question whether any party has been guilty of fraud or of any other offence which affects the legality of the agreement, the court shall, so far as may be necessary to enable that question to be determined by the court, have power to order that the agreement shall cease to have effect and power to give leave to revoke the authority of the arbitrator appointed by virtue of the agreement.
Where by virtue of this section the court has power to order that an arbitration agreement shall cease to have effect or to give leave to revoke the authority of an arbitrator, the court may refuse to stay any action brought in breach of the agreement.