F.B. Choppy (Pty) Ltd v NSJ Construction (Pty) Ltd (CS 27/2010) [2011] SCSC 15 (3 March 2011)

F.B. Choppy (Pty) Ltd v NSJ Construction (Pty) Ltd (CS 27/2010) [2011] SCSC 15 (3 March 2011)

The applicant failed to establish any of the statutory grounds for setting aside the arbitral award; the issues raised were either not pleaded, unsupported by evidence, or not errors of law or fact; the arbitrator acted within his powers and followed proper procedure.

Citation
[2011] SCSC 15
Parties
Applicant: F. B Choppy (Pty) Ltd; Respondent: NSJ Construction (Pty) Ltd
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
3 March 2011
Case Number
CS 27/2010
Procedural Posture
Miscellaneous Application (arising From Civil Side) / Ruling on Application to Set Aside Arbitral Award
Outcome
Application dismissed; judgment entered in terms of the arbitral award.
Legal Topics
Setting Aside Arbitral Awards, Fraudulent Concealment, Natural Justice, Errors of Law and Fact, Retention Money in Contracts
Source Language
English
Arbitration Civil Procedure Contract Setting Aside Arbitral Awards Fraudulent Concealment Natural Justice Errors of Law and Fact Retention Money in Contracts

Case Brief

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Parties

F. B Choppy (Pty) Ltd

Applicant

NSJ Construction (Pty) Ltd

Respondent

Procedural Posture

Miscellaneous Application (arising From Civil Side) / Ruling on Application to Set Aside Arbitral Award

Legal Issues

  1. 1 Whether the arbitral award should be set aside for fraudulent concealment by the respondent
  2. 2 Whether the award contains obvious errors of law or fact
  3. 3 Whether the arbitrator's procedure and decision violated natural justice

Ratio Decidendi

The applicant failed to establish any of the statutory grounds for setting aside the arbitral award; the issues raised were either not pleaded, unsupported by evidence, or not errors of law or fact; the arbitrator acted within his powers and followed proper procedure.

Court Disposition

Application dismissed; judgment entered in terms of the arbitral award.

Orders

  • Application to set aside the arbitral award is dismissed.
  • Judgment entered in terms of the award of the arbitrator.