TIGO RWANDA Ltd v. FIFO COMPANY Ltd

TIGO RWANDA Ltd v. FIFO COMPANY Ltd

TIGO RWANDA Ltd, by not objecting to the use of Kinyarwanda during arbitration and by agreeing in the acte de mission to its use, waived its right to challenge the award on that basis. The acte de mission did not contradict the arbitration agreement, and the use of multiple languages is permitted. Therefore, the...

Source-derived case information.

Citation
RCOMA 00435/2016/CHC/HCC
Parties
Applicant: TIGO RWANDA Ltd; Respondent: FIFO COMPANY Ltd
Court
Commercial High Court
Jurisdiction
Rwanda
Judgment Date
21 October 2016
Case Number
RCOMA 00435/2016/CHC/HCC
Procedural Posture
Commercial Arbitration Challenge / Judgment on Application to Set Aside Arbitral Award
Outcome
Application not admitted
Legal Topics
Setting Aside Arbitral Awards, Contract Interpretation, Language of Proceedings, Costs and Indemnities
Commercial Law Arbitration Setting Aside Arbitral Awards Contract Interpretation Language of Proceedings Costs and Indemnities

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Parties

TIGO RWANDA Ltd

Applicant

FIFO COMPANY Ltd

Respondent

Procedural Posture

Commercial Arbitration Challenge / Judgment on Application to Set Aside Arbitral Award

Legal Issues

  1. 1 Whether the arbitral award should be set aside due to use of Kinyarwanda instead of English as agreed in the contract
  2. 2 Whether FIFO COMPANY Ltd is entitled to costs and indemnities after the claim was not admitted

Ratio Decidendi

TIGO RWANDA Ltd, by not objecting to the use of Kinyarwanda during arbitration and by agreeing in the acte de mission to its use, waived its right to challenge the award on that basis. The acte de mission did not contradict the arbitration agreement, and the use of multiple languages is permitted. Therefore, the application to set aside the award was not admitted. FIFO COMPANY Ltd is entitled to recover its legal costs for being drawn into unnecessary litigation.

Court Disposition

Application not admitted

Orders

  • TIGO RWANDA Ltd to pay FIFO COMPANY Ltd RWF 500,000 as legal costs