patty interplan ltd vs tpb bank plc 2020 tzca 194 20 april 2020
The dispute was not confined to Interim Certificate No. 7 but included other claims; all disputes required referral to adjudicator before arbitration under Clause 24.1. The arbitrator lacked jurisdiction as this procedure was not followed. No manifest error or misapprehension of fact or law was found to justify review.
- Citation
- patty interplan ltd vs tpb bank plc 2020 tzca 194 20 april 2020
- Parties
- Applicant: Patty Interplan Ltd.; Respondent: TPB Bank PLC
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 20 April 2020
- Procedural Posture
- Civil Application for Review / Ruling on Application for Review
- Outcome
- Application dismissed
- Legal Topics
- Arbitration Procedure, Jurisdiction of Arbitrator, Contractual Dispute Resolution Clauses, Manifest Error Review
- Source Language
- English
Case Brief
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Parties
Patty Interplan Ltd.
Applicant
TPB Bank PLC
Respondent
Procedural Posture
Civil Application for Review / Ruling on Application for Review
Legal Issues
- 1 Whether failure to refer dispute to adjudicator before arbitration constitutes manifest error justifying review
- 2 Whether the arbitrator had jurisdiction given procedural requirements under the contract
Ratio Decidendi
The dispute was not confined to Interim Certificate No. 7 but included other claims; all disputes required referral to adjudicator before arbitration under Clause 24.1. The arbitrator lacked jurisdiction as this procedure was not followed. No manifest error or misapprehension of fact or law was found to justify review.
Court Disposition
Application dismissed
Orders
- Each party to bear own costs
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