Arbitration Act (Cap. 387), article 70

70. (1) Subject to the provisions of article 71, the Court of Appeal shall only determine that an award shall be set aside if - (a) the applicant proves to the satisfaction of the Court of Appeal that - (i) a party to the arbitration agreement was under some incapacity to enter the arbitration agreement; or that the said agreement was not valid under the law to which the parties have subjected it; or (ii) the party against whom the award is invoked was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise impeded from presenting his case; or (iii) the award deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration, or it contains decisions on matters beyond the scope of the submission to arbitration: 28 CAP. 387.] ARBITRATION Provided that if decisions on matters submitted to arbitration can be separated from those not so submitted, only that part of the award which contains decisions on matters not submitted to arbitration may be set aside; or (iv) the composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties, unless such agreement was in conflict with a provision of this Act from which the parties cannot derogate, or, failing such agreement, was not in accordance with this Act; (b) the Court of Appeal finds that - (i) the subject-matter of the dispute is not capable of settlement by arbitration under the Laws of Malta; or (ii) the award is in conflict with the public policy of Malta. (2) The application referred to in article 69A(2) shall be made within fifteen days from the notification to the applicant of t he award in accordance with this Act, and the applicant shall noti fy the arbitrators and the Centre with a copy of the application a s soon as practicable but not later than fifteen days after the applic ation is filed. Cap. 12. (3) For the purposes of this article and articles 57 and 73, the Court of Appeal shall be composed in the manner provided in art icle 41(9) of the Code of Or ganization and Civil Procedure . (4) All applications under this article shall be held in camera and only the parties thereto and their advocates and legal procurat ors shall be allowed in the court during the hearing. (5) The judgment of the court shall preserve the confidentiality of the arbitration and shall only reveal such facts as may be nece ssary to make the same intelligible and enforceable by the parties. (6) The cost of the appeal shall be in the discretion of the Court of Appeal and shall be a sum fixed by the Registrar, Civil Courts and Tribunals (Civil Section) or the Registrar, Gozo Courts and Tri bunals (Civil Section), as the case may be. Cap. 12. (7) The Board established under article 29 of the Code of Organization and Civil Procedure may make rules concerning applications to the Court of Appeal under this article, under a rticle 70A, article 70C and article 73, and prescribe the fees to be p aid on such applications. Appeal on point of law. Added by: XXXI. 2002.248.