Section 84 Arbitration and Mediation Act 2023

Section 84 Arbitration and Mediation Act 2023 is about Grounds for refusing to grant relief. It is under Part II (Mediation) of the Act.

(1) Subject to section 87 of this Act the Court may refuse to grant reliefs at the request of the party against whom the relief is sought only if that party furnishes to the Court proof that –

(a) a party to the settlement agreement was under some incapacity; or
(b) the settlement agreement sought to be relied upon –
(i) is void, inoperative or incapable of being performed under the law to which the parties have validly subjected it or, under the law deemed applicable by the Court,
(ii) is not binding, or is not final, according to its terms, or
(iii) has been subsequently modified;

(c) the obligations in the settlement agreement-
(i) have been performed, or
(ii) are not clear or comprehensible;

(d) granting relief would be contrary to the terms of the settlement agreement; or
(e) there was a failure by the mediator to disclose to the parties’ circumstances that raise justifiable doubts as to the mediator’s impartiality or independence and the failure to disclose had a material impact or undue influence on a party without which failure that party would not have entered into the settlement agreement.

(2) The Court of this State may also refuse to grant reliefs if it finds that –
(a) granting relief would be contrary to the public policy of this State; or
(b) the subject matter of the dispute is not capable of settlement by mediation under the law of this State.