registered trustees of the diocese of central tanganyika vs afrique engineering and construction company limited 2021 tzhccomd 2054 14 april 2021

registered trustees of the diocese of central tanganyika vs afrique engineering and construction company limited 2021 tzhccomd 2054 14 april 2021

The Sole Arbitrator committed serious irregularity and misconduct by amending pleadings to substitute the proper party, thereby exceeding his jurisdiction and manifesting bias. The award was procured against an entity not properly made a party to the proceedings, rendering the award a nullity. The arbitrator's actions tainted the proceedings and award with illegality, justifying setting aside the award under section 70 of the Arbitration Act, 2020.

Citation
registered trustees of the diocese of central tanganyika vs afrique engineering and construction company limited 2021 tzhccomd 2054 14 april 2021
Parties
Petitioner: The Registered Trustees of the Diocese of Central Tanganyika; Respondent: Afriq Engineering & Construction Company Limited
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
14 April 2021
Procedural Posture
Petition to Set Aside Arbitral Award / Final Ruling
Outcome
petition allowed; arbitral award set aside
Legal Topics
Setting Aside Arbitral Award, Jurisdiction of Arbitrator, Misconduct of Arbitrator, Proper Party to Arbitration, Impartiality of Arbitrator
Source Language
English
Arbitration Commercial Law Civil Procedure Setting Aside Arbitral Award Jurisdiction of Arbitrator Misconduct of Arbitrator Proper Party to Arbitration Impartiality of Arbitrator

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Parties

The Registered Trustees of the Diocese of Central Tanganyika

Petitioner

Afriq Engineering & Construction Company Limited

Respondent

Procedural Posture

Petition to Set Aside Arbitral Award / Final Ruling

Legal Issues

  1. 1 Whether the Sole Arbitrator had jurisdiction to determine the dispute and deliver the final award
  2. 2 Whether there was misconduct or serious irregularity by the Sole Arbitrator warranting setting aside the award
  3. 3 Whether the arbitral award was improperly procured against a party not properly notified or made a party to the proceedings

Ratio Decidendi

The Sole Arbitrator committed serious irregularity and misconduct by amending pleadings to substitute the proper party, thereby exceeding his jurisdiction and manifesting bias. The award was procured against an entity not properly made a party to the proceedings, rendering the award a nullity. The arbitrator's actions tainted the proceedings and award with illegality, justifying setting aside the award under section 70 of the Arbitration Act, 2020.

Court Disposition

petition allowed; arbitral award set aside

Orders

  • The arbitral award dated 13 November 2019 is set aside in whole due to serious irregularity affecting the proceedings and the award itself.
  • Costs of the petition are to be borne by the respondent.