bunda district council vs mispa construction co ltd 2021 tzhccomd 3510 8 december 2021

Failure to comply with section 35(1)(a) of the Arbitration Act, 2020 and agreed procedure constituted a serious irregularity likely to cause injustice, warranting setting aside the award.

Citation: bunda district council vs mispa construction co ltd 2021 tzhccomd 3510 8 december 2021
Parties: Petitioner: Bunda District Council; Respondent: Mispa Construction Co. Ltd
Court: TZHCCOMD
Jurisdiction: Tanzania
Judgment Date: 8 December 2021
Procedural Posture: Miscellaneous Commercial Cause / Ruling on Petition to Set Aside Arbitral Award
Outcome: final award set aside in whole
Legal Topics: Setting Aside Arbitral Award, Natural Justice, Right to Be Heard, Procedural Irregularity
Source Language: English

Arbitration Contract Law Setting Aside Arbitral Award Natural Justice Right to Be Heard Procedural Irregularity

Case Brief

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 10 Party arguments 2 Amounts and remedies 1

Parties

Bunda District Council

Petitioner

Mispa Construction Co. Ltd

Respondent

Procedural Posture

Miscellaneous Commercial Cause / Ruling on Petition to Set Aside Arbitral Award

Legal Issues

1 Whether the arbitral award was improperly procured due to procedural irregularity and denial of right to be heard
2 Whether the arbitrator awarded specific claims without proof

Ratio Decidendi

Failure to comply with section 35(1)(a) of the Arbitration Act, 2020 and agreed procedure constituted a serious irregularity likely to cause injustice, warranting setting aside the award.

Court Disposition

final award set aside in whole

Orders

Final Award by Sole Arbitrator set aside in whole
No order as to costs