csi electrical ltd vs capcon ltd 2023 tzhccomd 256 14 july 2023

csi electrical ltd vs capcon ltd 2023 tzhccomd 256 14 july 2023

Unilateral communication between the arbitrator and the respondent regarding the award before official notification constituted a serious irregularity, undermining fairness and impartiality, and rendered the award of no effect in whole under section 75(2)(a) and 75(3)(c) of the Arbitration Act.

Citation
csi electrical ltd vs capcon ltd 2023 tzhccomd 256 14 july 2023
Parties
Petitioner: CSI Electrical Limited; Respondent: Capcon Limited
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
14 July 2023
Procedural Posture
Miscellaneous Commercial Cause (arbitration Challenge) / Ruling on Petition to Set Aside Arbitral Award
Outcome
petition allowed; arbitral award set aside
Legal Topics
Setting Aside Arbitral Award, Serious Irregularity, Unilateral Communication, Impartiality of Arbitrator
Source Language
English
Arbitration Commercial Law Setting Aside Arbitral Award Serious Irregularity Unilateral Communication Impartiality of Arbitrator

Case Brief

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Parties

CSI Electrical Limited

Petitioner

Capcon Limited

Respondent

Procedural Posture

Miscellaneous Commercial Cause (arbitration Challenge) / Ruling on Petition to Set Aside Arbitral Award

Legal Issues

  1. 1 Whether there was a serious irregularity by the arbitral tribunal affecting the legality of the award

Ratio Decidendi

Unilateral communication between the arbitrator and the respondent regarding the award before official notification constituted a serious irregularity, undermining fairness and impartiality, and rendered the award of no effect in whole under section 75(2)(a) and 75(3)(c) of the Arbitration Act.

Court Disposition

petition allowed; arbitral award set aside

Orders

  • The arbitral award delivered by Mr. Adonis Mwijage Kamala is declared of no effect in whole.