Apex Operations v World Food Programme (Civil Cause 51 of 2001) [2001] MWHC 87 (14 May 2001)

Apex Operations v World Food Programme (Civil Cause 51 of 2001) [2001] MWHC 87 (14 May 2001)

There was no evidence of misconduct by the arbitrators or justification for court intervention. The plaintiff's dissatisfaction and desire to include additional heads of damages did not warrant setting aside the award.

Citation
[2001] MWHC 87
Parties
Plaintiff: Apex Operations; Defendant: World Food Programme
Court
High Court of Malawi
Jurisdiction
Malawi
Judgment Date
14 May 2001
Case Number
Civil Cause 51 of 2001
Procedural Posture
Miscellaneous Civil Cause / Ruling on Originating Summons to Set Aside Arbitration Award
Outcome
Summons dismissed with costs
Legal Topics
Setting Aside Arbitration Award, Appointment of Umpire, Damages in Arbitration
Source Language
English
Arbitration Contract Law Setting Aside Arbitration Award Appointment of Umpire Damages in Arbitration

Case Brief

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Parties

Apex Operations

Plaintiff

World Food Programme

Defendant

Procedural Posture

Miscellaneous Civil Cause / Ruling on Originating Summons to Set Aside Arbitration Award

Legal Issues

  1. 1 Whether the arbitration award should be set aside under S.24(2) of the Arbitration Act
  2. 2 Whether the arbitrators' refusal to appoint an umpire justified court intervention
  3. 3 Whether the plaintiff is entitled to additional heads of damages beyond the arbitration award

Ratio Decidendi

There was no evidence of misconduct by the arbitrators or justification for court intervention. The plaintiff's dissatisfaction and desire to include additional heads of damages did not warrant setting aside the award.

Court Disposition

Summons dismissed with costs

Orders

  • Summons to set aside arbitration award dismissed
  • Plaintiff to pay costs