salu co ltd vs cool care services ltd 2018 tzhccomd 108 10 july 2018

salu co ltd vs cool care services ltd 2018 tzhccomd 108 10 july 2018

There was no evidence of deliberate concealment or misconduct by the respondent's counsel that improperly procured the award or influenced the arbitrator; thus, the grounds for setting aside the award under Section 16 of the Arbitration Act were not met.

Citation
salu co ltd vs cool care services ltd 2018 tzhccomd 108 10 july 2018
Parties
Petitioner: Salu & Company Limited; Respondent: Cool Care Services Limited
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
10 July 2018
Procedural Posture
Petition to Set Aside Arbitral Award / Ruling on Petition
Outcome
petition dismissed
Legal Topics
Setting Aside Arbitral Award, Arbitrator Misconduct, Improper Procurement of Award, Conflict of Interest
Source Language
English
Arbitration Commercial Law Setting Aside Arbitral Award Arbitrator Misconduct Improper Procurement of Award Conflict of Interest

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Parties

Salu & Company Limited

Petitioner

Cool Care Services Limited

Respondent

Procedural Posture

Petition to Set Aside Arbitral Award / Ruling on Petition

Legal Issues

  1. 1 Whether non-disclosure by respondent's counsel of his employment with NCC amounts to improper procurement of the arbitral award under Section 16 of the Arbitration Act
  2. 2 Whether the arbitral award should be set aside for alleged misconduct or impropriety

Ratio Decidendi

There was no evidence of deliberate concealment or misconduct by the respondent's counsel that improperly procured the award or influenced the arbitrator; thus, the grounds for setting aside the award under Section 16 of the Arbitration Act were not met.

Court Disposition

petition dismissed

Orders

  • Petition dismissed with costs.
  • Award registered as a decree in Miscellaneous Commercial Case No. 322 of 2016.