QI ZHICHENG v WANG YONGFEI

QI ZHICHENG v WANG YONGFEI

The appeal was dismissed because the respondent was not given an opportunity to respond to evidence (telephone number and vehicle ownership) used by the arbitrators, violating procedural fairness as required by Article 47 of the Arbitration Law. The High Commercial Court correctly set aside the arbitral award.

Citation
RCOMAA 00043/2019/CA
Parties
Appellant: QI ZHICHENG; Respondent: WANG YONGFEI
Court
Court of Appeal
Jurisdiction
Rwanda
Judgment Date
6 December 2019
Case Number
RCOMAA 00043/2019/CA
Procedural Posture
Commercial Arbitration Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed; High Commercial Court judgment affirmed.
Legal Topics
Setting Aside Arbitral Award, Right to Be Heard, Procedural Fairness
Source Language
en, rw
Commercial Law Arbitration Setting Aside Arbitral Award Right to Be Heard Procedural Fairness

Case Brief

Summary, issues, holding and outcome

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Parties

QI ZHICHENG

Appellant

WANG YONGFEI

Respondent

Procedural Posture

Commercial Arbitration Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the High Commercial Court lawfully set aside the arbitral award for lack of procedural fairness
  2. 2 Whether the respondent was denied the right to respond to evidence used by arbitrators
  3. 3 Whether the appeal procedure was properly followed under the Arbitration Law

Ratio Decidendi

The appeal was dismissed because the respondent was not given an opportunity to respond to evidence (telephone number and vehicle ownership) used by the arbitrators, violating procedural fairness as required by Article 47 of the Arbitration Law. The High Commercial Court correctly set aside the arbitral award.

Court Disposition

Appeal dismissed; High Commercial Court judgment affirmed.

Orders

  • QI ZHICHENG to pay WANG YONGFEI 1,000,000 Rwandan francs as attorney fees
  • Court costs to be borne as incurred