medical store department vs cool care services 2020 tzhccomd 2045 15 september 2020

medical store department vs cool care services 2020 tzhccomd 2045 15 september 2020

The arbitrator lacked jurisdiction as the contract required exhaustion of adjudication before arbitration; the arbitration was prematurely triggered while adjudication notice was pending; the award is invalid and must be set aside.

Citation
medical store department vs cool care services 2020 tzhccomd 2045 15 september 2020
Parties
Petitioner/respondent: Medical Store Department; Respondent/claimant: Cool Care Services
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
15 September 2020
Procedural Posture
Petition to Set Aside Arbitral Award / Final Ruling
Outcome
petition granted; arbitral award set aside
Legal Topics
Arbitral Jurisdiction, Contractual Dispute Resolution, Setting Aside Arbitral Awards, Breach of Contract
Source Language
English
Arbitration Contract Law Commercial Law Arbitral Jurisdiction Contractual Dispute Resolution Setting Aside Arbitral Awards Breach of Contract

Case Brief

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Parties

Medical Store Department

Petitioner/respondent

Cool Care Services

Respondent/claimant

Procedural Posture

Petition to Set Aside Arbitral Award / Final Ruling

Legal Issues

  1. 1 Whether the arbitrator had jurisdiction to entertain the dispute without exhaustion of adjudication process
  2. 2 Whether the arbitral award was validly procured under the contract and Arbitration Act
  3. 3 Whether the arbitrator acted outside the prescribed time

Ratio Decidendi

The arbitrator lacked jurisdiction as the contract required exhaustion of adjudication before arbitration; the arbitration was prematurely triggered while adjudication notice was pending; the award is invalid and must be set aside.

Court Disposition

petition granted; arbitral award set aside

Orders

  • Arbitral award filed as Misc. Cause No. 13 of 2020 set aside as invalid
  • All orders made in the arbitral award set aside