SALU AND CO LTD VS COOL CARE SERVICES LTD MISC

SALU AND CO LTD VS COOL CARE SERVICES LTD MISC

Non-disclosure by respondent's counsel of his NCC employment did not amount to misconduct or improper procurement under Section 16 of the Arbitration Act. No evidence of fraud, dishonesty, or influence over the arbitrator was established. The arbitral award stands.

Citation
SALU AND CO LTD VS COOL CARE SERVICES LTD MISC
Parties
Petitioner: Salu & Company Limited; Respondent: Cool Care Services Limited
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2017
Procedural Posture
Petition to Set Aside Arbitral Award / Final Ruling
Outcome
petition dismissed with costs
Legal Topics
Setting Aside Arbitral Award, Misconduct, Improper Procurement, Non Disclosure, Enforcement of Arbitral Award
Source Language
English
Arbitration Commercial Law Setting Aside Arbitral Award Misconduct Improper Procurement Non Disclosure Enforcement of Arbitral Award

Case Brief

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Parties

Salu & Company Limited

Petitioner

Cool Care Services Limited

Respondent

Procedural Posture

Petition to Set Aside Arbitral Award / Final Ruling

Legal Issues

  1. 1 Whether non-disclosure by respondent's counsel constitutes misconduct or improper procurement under Section 16 of the Arbitration Act
  2. 2 Whether the arbitral award should be set aside for alleged dishonesty

Ratio Decidendi

Non-disclosure by respondent's counsel of his NCC employment did not amount to misconduct or improper procurement under Section 16 of the Arbitration Act. No evidence of fraud, dishonesty, or influence over the arbitrator was established. The arbitral award stands.

Court Disposition

petition dismissed with costs

Orders

  • Petitioner to pay respondent Tshs. 25,522,036.00 as awarded by sole arbitrator.
  • Petitioner to pay costs in Miscellaneous Commercial Case No. 56 of 2017 to respondent, to be taxed.