the higher education students loans board vs tanzania building works limited 2023 tzhccomd 254 3 august 2023
The filing of the arbitral award was incompetent because it was not accompanied by the full proceedings of the arbitral tribunal as mandatorily required by Regulation 51(5) of the Arbitration (Rules of Procedure) Regulations, GN. No. 146 of 2021. The attached documents did not constitute the full proceedings. The requirement is mandatory and not directory, and the overriding objective principle cannot cure this defect. The first preliminary objection is upheld; the second, regarding the necessity of a petition under Regulation 63(1), is overruled as Regulation 51(5) provides an alternative fi…
Source excerpt
- Filing and recognition of arbitral awards
- Enforcement of arbitral awards
- Mandatory procedural requirements
- Interpretation of arbitration regulations