badugu ginning co ltd vs cdi distributors inc 2012 tzhccomd 66 14 december 2012

badugu ginning co ltd vs cdi distributors inc 2012 tzhccomd 66 14 december 2012

The award was properly signed in accordance with Bylaw 346, not Bylaw 308(1), and the petitioner failed to establish any invalidity or arbitrariness in the award or proceedings. The grounds for setting aside under section 30 of the Arbitration Act were not met. The petition was therefore dismissed and the award registered for enforcement.

Citation
badugu ginning co ltd vs cdi distributors inc 2012 tzhccomd 66 14 december 2012
Parties
Petitioner: Badugu Ginning Co. Limited; Respondent: CDI Cotton Distributors Inc.
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
14 December 2012
Procedural Posture
Petition to Set Aside Arbitral Award / Ruling on Petition
Outcome
petition dismissed
Legal Topics
Enforcement of Foreign Arbitral Awards, Setting Aside Arbitral Awards, Procedural Validity of Arbitration, Public Policy in Arbitration
Source Language
English
Arbitration Commercial Law Enforcement of Foreign Arbitral Awards Setting Aside Arbitral Awards Procedural Validity of Arbitration Public Policy in Arbitration

Case Brief

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Parties

Badugu Ginning Co. Limited

Petitioner

CDI Cotton Distributors Inc.

Respondent

Procedural Posture

Petition to Set Aside Arbitral Award / Ruling on Petition

Legal Issues

  1. 1 Whether the arbitral award dated 14th February, 2012 is defective for not being signed by all committee members
  2. 2 Whether the arbitral proceedings and award were tainted with arbitrariness and failed to consider relevant facts
  3. 3 Whether the award is enforceable under section 30 of the Arbitration Act, Cap. 15 R.E. 2002

Ratio Decidendi

The award was properly signed in accordance with Bylaw 346, not Bylaw 308(1), and the petitioner failed to establish any invalidity or arbitrariness in the award or proceedings. The grounds for setting aside under section 30 of the Arbitration Act were not met. The petition was therefore dismissed and the award registered for enforcement.

Court Disposition

petition dismissed

Orders

  • Arbitral Award filed on 28th May 2012 is registered and shall be enforced as a decree of the Court
  • Petitioner to pay costs