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Tanzania decisions
Decisions matching the current search
The High Court granted leave to appeal against a ruling setting aside an arbitral award, finding the intended appeal raised arguable points on jurisdiction and citation error.
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.
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The arbitral award was improperly procured because the claim was brought against a non-existent entity, and the arbitrator's amendment of pleadings to substitute the respondent's name constituted misconduct and serious irregularity, rendering the proceedings incompetent.
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The High Court set aside an arbitral award after finding the arbitrator misapplied the Architects and Quantity Surveyors By-Laws on travel time charges.
The High Court refused to register an arbitral award, holding that the certified variations breached public procurement law and public policy.
The High Court dismissed preliminary objections in an arbitration-related petition, holding they were not pure points of law or were inapplicable.
The High Court Labour Division upheld a CMA award finding the respondent’s termination substantively unfair, while rejecting claims of arbitrator misconduct and irregularity.
The respondent was substantively unfairly terminated as there was no evidence he was responsible for the alleged misconduct; the duties leading to the loss were assigned to other employees. The employer's instructions were unreasonable and contradictory. Procedural fairness was observed by the employer, but the arbitrator was correct in finding substantive unfairness. No misconduct, gross irregularity, or excess of powers by the arbitrator was established. The award was not improperly procured.
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The High Court held that lack of jurisdiction by an arbitrator can fall within section 16 of Tanzania’s Arbitration Act and dismissed the preliminary objection.
Petitioners failed to prove misconduct or improper procurement of the arbitral award; all grounds for challenge were dismissed as lacking evidence or legal merit; parties consented to procedure followed; allegations of bias, disregard of evidence, and breach of natural justice were unsupported; court's power to set aside award is limited to statutory grounds, none of which were established.
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