bharya engineering and contracting company ltd becco vs the arab contractors osman ahmed osman co ltd another 2023 tzhccomd 97 31 march 2023

bharya engineering and contracting company ltd becco vs the arab contractors osman ahmed osman co ltd another 2023 tzhccomd 97 31 march 2023

The additional award was issued outside the statutory time limits without parties' agreement to extend, rendering the arbitrator without jurisdiction and the award time-barred; the counterclaim was not prosecuted nor supported by evidence, and the award lacked reasons, constituting fatal procedural irregularity.

Citation
bharya engineering and contracting company ltd becco vs the arab contractors osman ahmed osman co ltd another 2023 tzhccomd 97 31 march 2023
Parties
Petitioner: Bharya Engineering and Contracting Company Ltd (BECCO); 1st Respondent: The Arab Contractors (Osman Ahmed Osman & Co.) Limited; 2nd Respondent: Elsewedy Electric Company
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
31 March 2023
Procedural Posture
Miscellaneous Commercial Cause / Ruling on Petition to Set Aside Additional Arbitral Award
Outcome
petition allowed; additional award and proceedings set aside
Legal Topics
Setting Aside Arbitral Award, Limitation Period, Jurisdiction, Procedural Irregularity, Bias
Source Language
English
Arbitration Commercial Law Setting Aside Arbitral Award Limitation Period Jurisdiction Procedural Irregularity Bias

Case Brief

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Parties

Bharya Engineering and Contracting Company Ltd (BECCO)

Petitioner

The Arab Contractors (Osman Ahmed Osman & Co.) Limited

1st Respondent

Elsewedy Electric Company

2nd Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the arbitrator had jurisdiction to issue the additional award after being functus officio
  2. 2 Whether the application for additional award and the award itself were time-barred
  3. 3 Whether the arbitrator committed serious procedural irregularity in awarding the additional award

Ratio Decidendi

The additional award was issued outside the statutory time limits without parties' agreement to extend, rendering the arbitrator without jurisdiction and the award time-barred; the counterclaim was not prosecuted nor supported by evidence, and the award lacked reasons, constituting fatal procedural irregularity.

Court Disposition

petition allowed; additional award and proceedings set aside

Orders

  • The additional award and its proceedings are set aside for being time barred and unprocedural.
  • Each party shall bear its own costs.