ms ardhi university vs ms kiundo enterprises t limited 2016 tzhccomd 2073 18 march 2016

ms ardhi university vs ms kiundo enterprises t limited 2016 tzhccomd 2073 18 march 2016

Lack of jurisdiction by an arbitrator is a form of misconduct and falls within the ambit of section 16 of the Arbitration Act, thus can be a ground for challenging an arbitral award; the preliminary objection lacks merit and is dismissed.

Citation
ms ardhi university vs ms kiundo enterprises t limited 2016 tzhccomd 2073 18 march 2016
Parties
Petitioner: M/S Ardhi University; Respondent: M/S Kiundo Enterprises (T) Limited
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
18 March 2016
Procedural Posture
Miscellaneous Commercial Cause / Ruling on Preliminary Objection
Outcome
Preliminary objection dismissed with costs.
Legal Topics
Setting Aside Arbitral Award, Jurisdiction of Arbitrator, Misconduct of Arbitrator, Preliminary Objection
Source Language
English
Arbitration Commercial Law Setting Aside Arbitral Award Jurisdiction of Arbitrator Misconduct of Arbitrator Preliminary Objection

Case Brief

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Parties

M/S Ardhi University

Petitioner

M/S Kiundo Enterprises (T) Limited

Respondent

Procedural Posture

Miscellaneous Commercial Cause / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether lack of jurisdiction is a ground under section 16 of the Arbitration Act for setting aside an arbitral award
  2. 2 Whether the preliminary objection on competence of the petition is meritorious

Ratio Decidendi

Lack of jurisdiction by an arbitrator is a form of misconduct and falls within the ambit of section 16 of the Arbitration Act, thus can be a ground for challenging an arbitral award; the preliminary objection lacks merit and is dismissed.

Court Disposition

Preliminary objection dismissed with costs.

Orders

  • Preliminary objection overruled.
  • Costs awarded to respondent.