YARI CORNACCHIA v. NSANAWE

YARI CORNACCHIA v. NSANAWE

The Supreme Court found that the dispute arose under the contrat de cession d’actions, which contained a valid arbitration clause, and that both parties had agreed during the arbitration to submit the dispute under this contract. The procedural delay in rendering the award did not, by itself, justify setting aside the award, as the respondent failed to show that the delay caused a violation of mandatory legal provisions or the parties’ rights. The lower court’s decision to set aside the award was therefore overturned.

Citation
RLR V.4-2016
Parties
Appellant: YARI Cornacchia; Respondent: NSANAWE Ndekwe Serge
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
26 February 2016
Case Number
RCOMA 0053/15/CS
Procedural Posture
Commercial Arbitration Appeal / Supreme Court Appellate Judgment
Outcome
Appeal allowed; lower court judgment set aside; arbitral award reinstated
Legal Topics
Setting Aside Arbitral Award, Jurisdiction of Arbitral Tribunal, Contract Enforcement
Source Language
rw, en
Arbitration Commercial Law Setting Aside Arbitral Award Jurisdiction of Arbitral Tribunal Contract Enforcement

Case Brief

Summary, issues, holding and outcome

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Parties

YARI Cornacchia

Appellant

NSANAWE Ndekwe Serge

Respondent

Procedural Posture

Commercial Arbitration Appeal / Supreme Court Appellate Judgment

Legal Issues

  1. 1 Whether the arbitral award should be set aside for lack of jurisdiction or procedural irregularity
  2. 2 Whether the dispute arose under the cession d’actions agreement or the convention d’actionnariat
  3. 3 Whether the Supreme Court had jurisdiction to hear the appeal

Ratio Decidendi

The Supreme Court found that the dispute arose under the contrat de cession d’actions, which contained a valid arbitration clause, and that both parties had agreed during the arbitration to submit the dispute under this contract. The procedural delay in rendering the award did not, by itself, justify setting aside the award, as the respondent failed to show that the delay caused a violation of mandatory legal provisions or the parties’ rights. The lower court’s decision to set aside the award was therefore overturned.

Court Disposition

Appeal allowed; lower court judgment set aside; arbitral award reinstated

Orders

  • The Supreme Court reverses the Commercial High Court’s decision RCOMA 0248/15/HCC of 09/07/2015 in all its parts.
  • NSANAWE Ndekwe Serge is ordered to pay court costs of 100,000 Frw.