The petitioner failed to substantiate claims of bias or procedural misconduct by the arbitrator; mere dissatisfaction with the arbitrator's comments or insistence on clarity does not amount to bias. No reasonable apprehension of bias was established.
The High Court set aside an arbitral award after finding unilateral communication between the arbitrator and one party, amounting to serious irregularity.
The High Court nullified ongoing arbitral proceedings after finding the arbitrator breached natural justice by overruling an objection without hearing the parties.
Arbitrationregistered trustees of the diocese of central tanganyika vs afrique engineering and construction company limited 2021 tzhccomd 2054 14 april 2021
The Sole Arbitrator committed serious irregularity and misconduct by amending pleadings to substitute the proper party, thereby exceeding his jurisdiction and manifesting bias. The award was procured against an entity not properly made a party to the proceedings, rendering the award a nullity. The arbitrator's actions tainted the proceedings and award with illegality, justifying setting aside the award under section 70 of the Arbitration Act, 2020.
The High Court declined to appoint a named arbitrator and instead referred the dispute to the National Construction Council for arbitration under NCC Rules.