YARI CORNACCHIA v. NSANAWE_212847_en

YARI CORNACCHIA v. NSANAWE_212847_en

The Supreme Court held that the dispute was based on the contract titled 'cession d’actions', which contained an arbitration clause, and that the arbitral tribunal was competent. The delay in delivery of the arbitral award did not constitute a ground for annulment under the applicable law.

Citation
RCOMA0053/15/CS
Parties
Appellant: YARI CORNACCHIA; Respondent: Nsanawe Serge Ndekwe
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
26 February 2016
Case Number
RCOMA0053/15/CS
Procedural Posture
Commercial Appeal / Supreme Court Appellate Judgment
Outcome
Appeal allowed, cross-appeal dismissed, Commercial High Court judgment quashed
Legal Topics
Arbitration Clause, Contractual Performance, Competence of Arbitral Tribunal, Time Limits for Arbitral Awards, Annulment of Arbitral Award
Source Language
rw, en
Contract Law Arbitration Law Arbitration Clause Contractual Performance Competence of Arbitral Tribunal Time Limits for Arbitral Awards Annulment of Arbitral Award

Case Brief

Summary, issues, holding and outcome

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Parties

YARI CORNACCHIA

Appellant

Nsanawe Serge Ndekwe

Respondent

Procedural Posture

Commercial Appeal / Supreme Court Appellate Judgment

Legal Issues

  1. 1 Whether the arbitral tribunal was competent to hear the dispute based on the contract containing the arbitration clause
  2. 2 Whether the arbitral award could be annulled due to delivery after the time limit set by the parties

Ratio Decidendi

The Supreme Court held that the dispute was based on the contract titled 'cession d’actions', which contained an arbitration clause, and that the arbitral tribunal was competent. The delay in delivery of the arbitral award did not constitute a ground for annulment under the applicable law.

Court Disposition

Appeal allowed, cross-appeal dismissed, Commercial High Court judgment quashed

Orders

  • Arbitral tribunal had jurisdiction to hear the case
  • Commercial High Court judgment RCOMA0248/15/HCC quashed