zamani resorts limited t ltd vs kempinski hotels sa switzerland 2016 tzhccomd 43 17 november 2016

zamani resorts limited t ltd vs kempinski hotels sa switzerland 2016 tzhccomd 43 17 november 2016

There is no statutory requirement that an arbitrator must file an award by way of application or petition; filing by letter is sufficient if the award and required documents are submitted. The filing in this case substantially complied with Section 12(2) of the Arbitration Act and Rule 4 of the Arbitration Rules. Failure to serve notice of filing does not vitiate the filing; the remedy is to apply for service or re-service of notice.

Citation
zamani resorts limited t ltd vs kempinski hotels sa switzerland 2016 tzhccomd 43 17 november 2016
Parties
Claimant: Zamani Resorts Limited (T) Ltd; Respondent: Kempinski Hotels SA (Switzerland)
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
17 November 2016
Procedural Posture
Miscellaneous Commercial Cause / Ruling on Preliminary Objection to Filing of Arbitration Award
Outcome
Objection dismissed
Legal Topics
Filing of Arbitration Award, Compliance With Arbitration Act and Rules, Notice of Filing Award
Source Language
English
Arbitration Civil Procedure Filing of Arbitration Award Compliance With Arbitration Act and Rules Notice of Filing Award

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

Zamani Resorts Limited (T) Ltd

Claimant

Kempinski Hotels SA (Switzerland)

Respondent

Procedural Posture

Miscellaneous Commercial Cause / Ruling on Preliminary Objection to Filing of Arbitration Award

Legal Issues

  1. 1 Whether the filing of the arbitration award by letter, rather than by petition or application, complies with Section 12(2) of the Arbitration Act and Arbitration Rules
  2. 2 Whether failure to serve notice of filing of the award on the claimant invalidates the filing

Ratio Decidendi

There is no statutory requirement that an arbitrator must file an award by way of application or petition; filing by letter is sufficient if the award and required documents are submitted. The filing in this case substantially complied with Section 12(2) of the Arbitration Act and Rule 4 of the Arbitration Rules. Failure to serve notice of filing does not vitiate the filing; the remedy is to apply for service or re-service of notice.

Court Disposition

Objection dismissed

Orders

  • Claimant's notice opposing the filing of the award is dismissed for lack of merit.
  • No order as to costs.