motosach international co ltd vs dar es salaam city council 2020 tzhccomd 2064 25 february 2020

motosach international co ltd vs dar es salaam city council 2020 tzhccomd 2064 25 february 2020

The arbitrator's employment by a sister local government authority and failure to properly address and record the bias concern constituted misconduct and breach of natural justice, vitiating the proceedings and justifying setting aside the award.

Citation
motosach international co ltd vs dar es salaam city council 2020 tzhccomd 2064 25 february 2020
Parties
Petitioner: MOTOSACH INTERNATIONAL CO. LTD; Respondent: DAR ES SALAAM CITY COUNCIL
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
25 February 2020
Procedural Posture
Miscellaneous Commercial Application / Ruling on Petition to Set Aside Arbitral Award for Misconduct
Outcome
Petition allowed; arbitral award set aside with costs.
Legal Topics
Arbitrator Misconduct, Natural Justice, Bias, Setting Aside Arbitral Award
Source Language
English
Arbitration Administrative Law Commercial Law Arbitrator Misconduct Natural Justice Bias Setting Aside Arbitral Award

Case Brief

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Parties

MOTOSACH INTERNATIONAL CO. LTD

Petitioner

DAR ES SALAAM CITY COUNCIL

Respondent

Procedural Posture

Miscellaneous Commercial Application / Ruling on Petition to Set Aside Arbitral Award for Misconduct

Legal Issues

  1. 1 Whether the arbitrator was a judge in his own cause and breached principles of natural justice
  2. 2 Whether the arbitrator failed to write a reasoned decision
  3. 3 Whether the arbitrator failed to record proceedings as agreed

Ratio Decidendi

The arbitrator's employment by a sister local government authority and failure to properly address and record the bias concern constituted misconduct and breach of natural justice, vitiating the proceedings and justifying setting aside the award.

Court Disposition

Petition allowed; arbitral award set aside with costs.

Orders

  • The arbitral award dated 31st January, 2018 is set aside.
  • Costs awarded to the petitioner.