20130925 TZHC Mwanza

20130925 TZHC Mwanza

The agreement for the mediator to act as arbitrator was not properly entered into, lacking proper documentation, signatures, and notice as required by law. Therefore, the arbitration proceedings were nullified.

Citation
20130925 TZHC Mwanza
Parties
Applicant: Rutunda Masole; Respondent: Moraf Motors Ltd
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
25 September 2013
Procedural Posture
Labour Revision / Judgment on Application to Revise CMA Arbitration Award
Outcome
Arbitration proceedings at CMA nullified; matter to be heard afresh before another arbitrator.
Legal Topics
Unfair Termination, Mediation and Arbitration Procedure, Jurisdiction of Arbitrator, Extension of Time
Source Language
English
Labour Law Unfair Termination Mediation and Arbitration Procedure Jurisdiction of Arbitrator Extension of Time

Case Brief

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Parties

Rutunda Masole

Applicant

Moraf Motors Ltd

Respondent

Procedural Posture

Labour Revision / Judgment on Application to Revise CMA Arbitration Award

Legal Issues

  1. 1 Whether the arbitrator's award at CMA was valid given the mediator also acted as arbitrator without proper procedure
  2. 2 Whether the application was time-barred

Ratio Decidendi

The agreement for the mediator to act as arbitrator was not properly entered into, lacking proper documentation, signatures, and notice as required by law. Therefore, the arbitration proceedings were nullified.

Court Disposition

Arbitration proceedings at CMA nullified; matter to be heard afresh before another arbitrator.

Orders

  • Arbitration proceedings at CMA nullified.
  • Matter to be heard de novo before a different arbitrator.