SORAS ASSURANCES GENERALES Ltd v. TROMEA Ltd_304106_en

SORAS ASSURANCES GENERALES Ltd v. TROMEA Ltd_304106_en

The principle that criminal proceedings take precedence over civil proceedings does not apply where the civil claim is based on an insurance contract and not on damages arising from a criminal offence. The arbitration award did not exceed the scope of the arbitration agreement because both parties agreed that the arbitrators would examine all issues raised in their submissions, including late interest and damages. The appeal by SORAS AG Ltd lacks merit, while the cross appeal by TROMEA Ltd is granted in part for procedural and counsel fees.

Citation
RLR V.4-2017
Parties
Appellant: SORAS ASSURANCES GENERALES Ltd; Respondent/cross Appellant: TROMEA Ltd
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
21 October 2016
Case Number
RCOMAA0020/16/CS
Procedural Posture
Commercial Appeal / Supreme Court Judgment
Outcome
Appeal dismissed; cross appeal allowed in part.
Legal Topics
Insurance Contract Interpretation, Arbitration Award Challenge, Precedence of Criminal Over Civil Proceedings, Damages for Breach of Contract
Source Language
en, rw
Commercial Law Insurance Law Arbitration Law Civil Procedure Insurance Contract Interpretation Arbitration Award Challenge Precedence of Criminal Over Civil Proceedings Damages for Breach of Contract

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

SORAS ASSURANCES GENERALES Ltd

Appellant

TROMEA Ltd

Respondent/cross Appellant

Procedural Posture

Commercial Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether the principle that criminal proceedings take precedence over civil proceedings applies to insurance contract claims for damages
  2. 2 Whether the arbitration award exceeded the scope of the arbitration agreement by awarding late interest and damages for breach of contract
  3. 3 Whether the Commercial High Court erred in refusing to annul the arbitration award

Ratio Decidendi

The principle that criminal proceedings take precedence over civil proceedings does not apply where the civil claim is based on an insurance contract and not on damages arising from a criminal offence. The arbitration award did not exceed the scope of the arbitration agreement because both parties agreed that the arbitrators would examine all issues raised in their submissions, including late interest and damages. The appeal by SORAS AG Ltd lacks merit, while the cross appeal by TROMEA Ltd is granted in part for procedural and counsel fees.

Court Disposition

Appeal dismissed; cross appeal allowed in part.

Orders

  • SORAS AG Ltd to pay procedural and counsel fee of 1,000,000 Frw to TROMEA Ltd.