ms rans company ltd vs road fund board another 2023 tzhccomd 124 28 april 2023

ms rans company ltd vs road fund board another 2023 tzhccomd 124 28 april 2023

The arbitral proceedings and award were null and void as the arbitrator was not accredited or registered as required by the Arbitration Act, 2020 at the time of issuing the award, and there was non-compliance with statutory requirements regarding timing and notification.

Citation
ms rans company ltd vs road fund board another 2023 tzhccomd 124 28 april 2023
Parties
Petitioner: M/S RANS Company Limited; 1st Respondent: Roads Fund Board; 2nd Respondent: Attorney General
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
28 April 2023
Procedural Posture
Miscellaneous Commercial Cause / Ruling on Petition Challenging Registration of Arbitral Award
Outcome
Petition allowed; arbitral proceedings and award set aside as nullity.
Legal Topics
Accreditation of Arbitrators, Jurisdiction of Arbitrator, Arbitral Award Timing, Misconduct in Arbitration, Application of New Arbitration Law
Source Language
English
Arbitration Commercial Law Accreditation of Arbitrators Jurisdiction of Arbitrator Arbitral Award Timing Misconduct in Arbitration Application of New Arbitration Law

Case Brief

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Parties

M/S RANS Company Limited

Petitioner

Roads Fund Board

1st Respondent

Attorney General

2nd Respondent

Procedural Posture

Miscellaneous Commercial Cause / Ruling on Petition Challenging Registration of Arbitral Award

Legal Issues

  1. 1 Whether the arbitral award was procured by an unregistered and unaccredited arbitrator contrary to law
  2. 2 Whether the arbitrator committed misconduct by failing to follow procedural rules and timelines
  3. 3 Whether delay in issuing the arbitral award without notification or agreement was lawful

Ratio Decidendi

The arbitral proceedings and award were null and void as the arbitrator was not accredited or registered as required by the Arbitration Act, 2020 at the time of issuing the award, and there was non-compliance with statutory requirements regarding timing and notification.

Court Disposition

Petition allowed; arbitral proceedings and award set aside as nullity.

Orders

  • Arbitration proceedings and award set aside for contravening the law.
  • Each party to bear its own costs.