46 (1) On a party’s application, the court may set aside an award on any of the following grounds: 1. A party entered into the arbitration agreement while under a legal incapacity. 2. The arbitration agreement is invalid or has ceased to exist. 3. The award deals with a dispute that the arbitration agreement does not cover or contains a decision on a matter that is beyond the scope of the agreement. 4. The composition of the arbitral tribunal was not in accordance with the arbitration agreement or, if the agreement did not deal with that matter, was not in accordance with this Act. 5. The subject-matter of the dispute is not capable of being the subject of arbitration under Ontario law. 6. The applicant was not treated equally and fairly, was not given an opportunity to present a case or to respond to another party’s case, or was not given proper notice of the arbitration or of the appointment of an arbitrator. 7. The procedures followed in the arbitration did not comply with this Act. 8. An arbitrator has committed a corrupt or fraudulent act or there is a reasonable apprehension of bias. 9. The award was obtained by fraud. 10. The award is a family arbitration award that is not enforceable under the Family Law Act.  1991, c. 17, s. 46 (1); 2006, c. 1, s. 1 (7). Severable parts of award (2) If paragraph 3 of subsection (1) applies and it is reasonable to separate the decisions on matters covered by the arbitration agreement from the impugned ones, the court shall set aside the impugned decisions and allow the others to stand.  1991, c. 17, s. 46 (2). Restriction (3) The court shall not set aside an award on grounds referred to in paragraph 3 of subsection (1) if the party has agreed to the inclusion of the dispute or matter, waived the right to object to its inclusion or agreed that the arbitral tribunal has power to decide what disputes have been referred to it.  1991, c. 17, s. 46 (3). Idem (4) The court shall not set aside an award on grounds referred to in paragraph 8 of subsection (1) if the party had an opportunity to challenge the arbitrator on those grounds under section 13 before the award was made and did not do so, or if those grounds were the subject of an unsuccessful challenge.  1991, c. 17, s. 46 (4). Deemed waiver (5) The court shall not set aside an award on a ground to which the applicant is deemed under section 4 to have waived the right to object.  1991, c. 17, s. 46 (5). Exception (6) If the ground alleged for setting aside the award could have been raised as an objection to the arbitral tribunal’s jurisdiction to conduct the arbitration or as an objection that the arbitral tribunal was exceeding its authority, the court may set the award aside on that ground if it considers the applicant’s failure to make an objection in accordance with section 17 justified.  1991, c. 17, s. 46 (6). Connected matters (7) When the court sets aside an award, it may remove the arbitral tribunal or an arbitrator and may give directions about the conduct of the arbitration.  1991, c. 17, s. 46 (7). Court may remit award to arbitral tribunal (8) Instead of setting aside an award, the court may remit it to the arbitral tribunal and give directions about the conduct of the arbitration.  1991, c. 17, s. 46 (8). Section Amendments with date in force (d/m/y) 2006, c. 1, s. 1 (7)
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