RULING MISC

RULING MISC

All grounds for setting aside the arbitral award and additional award fail: violation of public policy was not established, jurisdictional objections were waived by participation and not timely raised, arbitrator acted within scope of broad-form arbitration agreement, alleged errors regarding forged documents and deduction of TZS 80,000,000/= are not grounds for setting aside or remittance as they go to merits and not serious irregularity or jurisdiction. Both petition and cross petition are dismissed.

Citation
RULING MISC
Parties
Petitioner: Ministry of Education and Vocational Training Zanzibar; Respondent: Mindset Techies (T) Ltd
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2024
Procedural Posture
Petition Challenging Arbitral Award / Final Ruling on Petition and Cross Petition
Outcome
petition and cross petition dismissed
Legal Topics
Challenge to Arbitral Award, Public Policy, Jurisdiction, Procedural Irregularity, Scope of Arbitration Agreement, Enforcement of Arbitral Award
Source Language
English
Arbitration Public Procurement Contract Law Challenge to Arbitral Award Public Policy Jurisdiction Procedural Irregularity Scope of Arbitration Agreement +1 more

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Parties

Ministry of Education and Vocational Training Zanzibar

Petitioner

Mindset Techies (T) Ltd

Respondent

Procedural Posture

Petition Challenging Arbitral Award / Final Ruling on Petition and Cross Petition

Legal Issues

  1. 1 Whether the arbitral award and additional award should be set aside for violation of public policy, lack of substantive jurisdiction, procedural irregularity, excess of powers, or error regarding forged documents
  2. 2 Whether the cross petition challenging deduction of TZS 80,000,000/= should be allowed

Ratio Decidendi

All grounds for setting aside the arbitral award and additional award fail: violation of public policy was not established, jurisdictional objections were waived by participation and not timely raised, arbitrator acted within scope of broad-form arbitration agreement, alleged errors regarding forged documents and deduction of TZS 80,000,000/= are not grounds for setting aside or remittance as they go to merits and not serious irregularity or jurisdiction. Both petition and cross petition are dismissed.

Court Disposition

petition and cross petition dismissed

Orders

  • No order as to costs
  • Arbitral Award dated 9th August 2023 and Additional Award dated 10th August 2023 left intact