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Rwanda decisions
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The Court of Appeal held that an appeal from a High Commercial Court decision on annulment of an arbitral award is not admissible and dismissed GUARDSMARK Ltd’s appeal for lack of jurisdiction.
The Court of Appeal set aside a KIAC arbitral award after finding the parties had already settled the dispute before a notary and no further arbitration was permissible.
The Commercial Court held it had jurisdiction over an application to enforce an arbitral award against the Ministry of Education and joined the Permanent Secretary compulsorily.
The Commercial Court held it had jurisdiction to hear ERJB Ltd’s enforcement claim, dismissed the preliminary objection, and joined the Permanent Secretary as a party.
The Supreme Court dismissed an appeal and upheld annulment of an arbitral award for failure to follow the parties’ agreed arbitration procedure.
The Supreme Court held that where a contract requires adjudication before arbitration, arbitration cannot proceed without it. It also upheld refusal of late submissions.
The Supreme Court held that criminal proceedings stay civil proceedings only for claims arising from the offence, and upheld an arbitration award in an insurance dispute.
The Supreme Court held that Rwema's claims had already been adjudicated in prior judgments, invoking res judicata. The arbitration agreement between the parties required disputes to be resolved by arbitration, and the arbitral award was final and not subject to appeal. The 30-day period in the mission letter did not invalidate the award, as the contract did not specify consequences for exceeding it. Rwema's assertion of signing under disadvantage was unsupported by evidence of coercion. The appeal lacked merit and was dismissed.
Source excerpt
The appeal lacks merit because the dispute was already adjudicated by competent courts, the arbitration award was final and binding, and the terms of reference did not provide for invalidation of the award if issued after the 30-day period.
Source excerpt
The Supreme Court held that the arbitration concerned the contract with the arbitration clause, and that late delivery of the award did not justify annulment.
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