ms e a construction vs permanent secretary ministry of planning economy empowerment another 2008 tzhccomd 11 15 august 2008

ms e a construction vs permanent secretary ministry of planning economy empowerment another 2008 tzhccomd 11 15 august 2008

The arbitral award was set aside as a nullity because the 1st respondent, a government entity, was not properly represented in the arbitration proceedings as required by law, violating constitutional and regulatory provisions, public policy, and the right to a fair hearing. The arbitrator also exceeded jurisdiction by apportioning costs contrary to the agreement.

Citation
ms e a construction vs permanent secretary ministry of planning economy empowerment another 2008 tzhccomd 11 15 august 2008
Parties
Petitioner/claimant: MS E & A Construction Company Ltd; 1st Respondent: Permanent Secretary, Ministry of Planning, Economy & Empowerment; 2nd Respondent: Attorney General
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
15 August 2008
Procedural Posture
Miscellaneous Commercial Cause (arbitration Enforcement) / Ruling on Enforcement of Arbitral Award
Outcome
arbitral award set aside as a nullity
Legal Topics
Enforcement of Arbitral Awards, Public Policy, Representation of Government Entities, Fair Hearing, Arbitrator Jurisdiction, Setting Aside Arbitral Awards
Source Language
English
Arbitration Public Law Constitutional Law Contract Law Enforcement of Arbitral Awards Public Policy Representation of Government Entities Fair Hearing +2 more

Case Brief

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Parties

MS E & A Construction Company Ltd

Petitioner/claimant

Permanent Secretary, Ministry of Planning, Economy & Empowerment

1st Respondent

Attorney General

2nd Respondent

Procedural Posture

Miscellaneous Commercial Cause (arbitration Enforcement) / Ruling on Enforcement of Arbitral Award

Legal Issues

  1. 1 Whether the arbitral award is enforceable given the lack of proper legal representation for the government entity
  2. 2 Whether the arbitration proceedings violated public policy and constitutional requirements
  3. 3 Whether the arbitrator exceeded jurisdiction by apportioning costs contrary to the agreement

Ratio Decidendi

The arbitral award was set aside as a nullity because the 1st respondent, a government entity, was not properly represented in the arbitration proceedings as required by law, violating constitutional and regulatory provisions, public policy, and the right to a fair hearing. The arbitrator also exceeded jurisdiction by apportioning costs contrary to the agreement.

Court Disposition

arbitral award set aside as a nullity

Orders

  • The arbitral award filed in court on 30th August 2007 is set aside as a nullity.
  • No order as to costs.