SORAS v. WHITEFIELD

SORAS v. WHITEFIELD

SORAS AG Ltd was not denied the opportunity to present its case before the arbitral tribunal. The insurance contract did not distinguish between water damage and flood damage, thus coverage extended to the damages claimed. There was no procedural irregularity justifying setting aside the arbitral award under Article 47 of Law nº 005/2008. The appeal lacked merit and was dismissed.

Citation
RCOMA 0012/15/CS
Parties
Appellant: SORAS AG Ltd; Respondent: WHITEFIELD ENTERPRISES Ltd
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
24 June 2016
Case Number
RCOMA 0012/15/CS
Procedural Posture
Commercial Arbitration Appeal / Supreme Court Final Judgment
Outcome
appeal dismissed
Legal Topics
Setting Aside Arbitral Awards, Insurance Coverage, Distinction Between 'dégâts Des Eaux' and 'inondation', Right to Be Heard in Arbitration
Source Language
rw, en
Arbitration Insurance Law Commercial Law Setting Aside Arbitral Awards Insurance Coverage Distinction Between 'dégâts Des Eaux' and 'inondation' Right to Be Heard in Arbitration

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Parties

SORAS AG Ltd

Appellant

WHITEFIELD ENTERPRISES Ltd

Respondent

Procedural Posture

Commercial Arbitration Appeal / Supreme Court Final Judgment

Legal Issues

  1. 1 Whether SORAS AG Ltd was denied the opportunity to present its case before the arbitral tribunal
  2. 2 Whether the arbitral award should be set aside under Article 47 of Law nº 005/2008 due to alleged procedural irregularities
  3. 3 Whether the insurance contract covered damages caused by flooding ('inondation') as opposed to water damage ('dégâts des eaux')

Ratio Decidendi

SORAS AG Ltd was not denied the opportunity to present its case before the arbitral tribunal. The insurance contract did not distinguish between water damage and flood damage, thus coverage extended to the damages claimed. There was no procedural irregularity justifying setting aside the arbitral award under Article 47 of Law nº 005/2008. The appeal lacked merit and was dismissed.

Court Disposition

appeal dismissed

Orders

  • The Supreme Court affirms the decision of the High Commercial Court in RCOMA 0540/14/HCC of 28/11/2014.
  • SORAS AG Ltd is ordered to pay WHITEFIELD ENTERPRISES Ltd 800,000 Frw for legal fees and costs.