T BUILDING WORK LTD VS HIGHER EDUCATION STUDENTS LOAN BOARD MISC

T BUILDING WORK LTD VS HIGHER EDUCATION STUDENTS LOAN BOARD MISC

The arbitrator committed a serious irregularity by failing to record or provide minutes or proceedings as required by law and as understood by both parties. There was no evidence that the parties agreed to dispense with such records. The absence of proceedings or minutes deprived both parties of the ability to...

Source-derived case information.

Citation
T BUILDING WORK LTD VS HIGHER EDUCATION STUDENTS LOAN BOARD MISC
Parties
Petitioner: Tanzania Building Works Limited; Respondent: Higher Education Students' Loan Board
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2023
Procedural Posture
Petition to Set Aside Arbitral Award / Final Ruling on Merits After Dismissal of Preliminary Objections
Outcome
petition granted; arbitral award set aside in whole
Legal Topics
Setting Aside Arbitral Award, Serious Irregularity, Arbitral Procedure, Record of Proceedings, Party Autonomy, Remittance of Award
Source Language
english
Arbitration Construction Law Contract Law Setting Aside Arbitral Award Serious Irregularity Arbitral Procedure Record of Proceedings Party Autonomy +1 more

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Parties

Tanzania Building Works Limited

Petitioner

Higher Education Students' Loan Board

Respondent

Procedural Posture

Petition to Set Aside Arbitral Award / Final Ruling on Merits After Dismissal of Preliminary Objections

Legal Issues

  1. 1 Whether the arbitral award should be set aside for serious irregularity due to absence of recorded proceedings or minutes as required by law and agreed procedure
  2. 2 Whether the petition to set aside the award was time-barred

Ratio Decidendi

The arbitrator committed a serious irregularity by failing to record or provide minutes or proceedings as required by law and as understood by both parties. There was no evidence that the parties agreed to dispense with such records. The absence of proceedings or minutes deprived both parties of the ability to enforce or challenge the award in court. The irregularity was fundamental and affected the fairness of the arbitral process. Remitting the award for reconsideration was inappropriate due to the absence of any record of proceedings; thus, the award was set aside in whole.

Court Disposition

petition granted; arbitral award set aside in whole

Orders

  • The Final Arbitral Award dated 29th April 2022 and the Clarifications of the Award dated 22nd August 2022 are set aside in whole under section 75(3)(b) of the Arbitration Act, CAP 15 (R.E 2020).
  • Each party shall bear its own costs.