infinity communications limited vs mic tanzania limited 2016 tzhccomd 2069 18 february 2016

infinity communications limited vs mic tanzania limited 2016 tzhccomd 2069 18 february 2016

The court declined to appoint Mr. Charles Rwechungura due to unsubstantiated allegations regarding impartiality and qualifications, and instead appointed the National Construction Council (NCC) as arbitrator by consensus of both parties under NCC Rules.

Citation
infinity communications limited vs mic tanzania limited 2016 tzhccomd 2069 18 february 2016
Parties
Petitioner: Infinity Communications Limited; Respondent: MIC Tanzania Limited
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
18 February 2016
Procedural Posture
Miscellaneous Commercial Cause / Ruling
Outcome
Application partly allowed
Legal Topics
Appointment of Arbitrator, Dispute Resolution, Impartiality of Arbitrator, Arbitration Rules
Source Language
English
Arbitration Commercial Law Appointment of Arbitrator Dispute Resolution Impartiality of Arbitrator Arbitration Rules

Case Brief

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Parties

Infinity Communications Limited

Petitioner

MIC Tanzania Limited

Respondent

Procedural Posture

Miscellaneous Commercial Cause / Ruling

Legal Issues

  1. 1 Whether the court should appoint Mr. Charles Rwechungura as arbitrator
  2. 2 Whether the arbitrator should be appointed under NCC Rules

Ratio Decidendi

The court declined to appoint Mr. Charles Rwechungura due to unsubstantiated allegations regarding impartiality and qualifications, and instead appointed the National Construction Council (NCC) as arbitrator by consensus of both parties under NCC Rules.

Court Disposition

Application partly allowed

Orders

  • National Construction Council (NCC) appointed as arbitrator under NCC Rules
  • Each party to bear its own costs