t electric supply co ltd vs dowans holdings sa costs rica another 2011 tzhccomd 2093 28 september 2011

t electric supply co ltd vs dowans holdings sa costs rica another 2011 tzhccomd 2093 28 september 2011

All issues of fact and law raised by TANESCO were specifically referred to and decided by the arbitral tribunal pursuant to the parties’ agreement and amended terms of reference. Under established legal principles, the court cannot interfere with the tribunal’s findings on such issues, even if alleged to be erroneous. No misconduct or error of law on the face of the award was established. Public policy is not a statutory ground for setting aside the award, and the sums awarded were agreed by the parties. The petition is dismissed and the ICC award is to be registered as a decree of the court.

Citation
t electric supply co ltd vs dowans holdings sa costs rica another 2011 tzhccomd 2093 28 september 2011
Parties
Petitioner: Tanzania Electric Supply Company Ltd (TANESCO); 1st Respondent: Dowans Holdings SA (Costa Rica); 2nd Respondent: Dowans Tanzania Limited (Tanzania)
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
28 September 2011
Procedural Posture
Misc. Civil Application (arbitration Award Challenge) / Judgment on Petition to Set Aside or Remit ICC Arbitration Award
Outcome
Petition dismissed with costs; ICC award to be registered as a decree of the court.
Legal Topics
Setting Aside Arbitral Awards, Misconduct of Arbitrators, Public Policy in Enforcement of Awards, Jurisdiction of Courts Over Arbitration, Interpretation of Procurement Statutes
Source Language
English
Arbitration Contract Law Public Procurement Setting Aside Arbitral Awards Misconduct of Arbitrators Public Policy in Enforcement of Awards Jurisdiction of Courts Over Arbitration Interpretation of Procurement Statutes

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 17 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Tanzania Electric Supply Company Ltd (TANESCO)

Petitioner

Dowans Holdings SA (Costa Rica)

1st Respondent

Dowans Tanzania Limited (Tanzania)

2nd Respondent

Procedural Posture

Misc. Civil Application (arbitration Award Challenge) / Judgment on Petition to Set Aside or Remit ICC Arbitration Award

Legal Issues

  1. 1 Whether the ICC arbitral award should be set aside or remitted for reconsideration under sections 15 and 16 of the Arbitration Act (Cap 15 R.E. 2002) on grounds of misconduct, error of law, or public policy.
  2. 2 Whether the arbitral tribunal exceeded its jurisdiction or committed misconduct in interpreting the Public Procurement Act, 2004 and the contract (POA).
  3. 3 Whether enforcement of the award would be contrary to public policy.

Ratio Decidendi

All issues of fact and law raised by TANESCO were specifically referred to and decided by the arbitral tribunal pursuant to the parties’ agreement and amended terms of reference. Under established legal principles, the court cannot interfere with the tribunal’s findings on such issues, even if alleged to be erroneous. No misconduct or error of law on the face of the award was established. Public policy is not a statutory ground for setting aside the award, and the sums awarded were agreed by the parties. The petition is dismissed and the ICC award is to be registered as a decree of the court.

Court Disposition

Petition dismissed with costs; ICC award to be registered as a decree of the court.

Orders

  • Petition dismissed with costs.
  • ICC Final Award to be formally registered as a decree of the High Court.