48(1)At any stage during or after an arbitration, on the application of a party who has not participated in the arbitration, the court may grant a declaration that the arbitration is invalid because
(a)
a party entered into the arbitration agreement while under a legal incapacity,
(b)
the arbitration agreement is invalid or has ceased to exist,
(c)
the subject matter of the dispute is not capable of being the subject of arbitration under New Brunswick law, or
(d)
the arbitration agreement does not apply to the dispute.
48(2)When the court grants the declaration, it may also grant an injunction against the commencement or continuation of the arbitration.