Bauman, Hinde And Company LTD vs David Whitehead & Sons (Mw) LTD - Msca Civil Appeal No. 17 (1998)
iarb
Algeria
This is an appeal against the dismissal of the appellant’s application to set aside the registration of a foreign arbitration award. The respondent brought an ex-parte application before the Deputy Registrar for the registration of a foreign arbitration award made in the United Kingdom against the appellant. The Deputy Registrar granted the application and signed an order accordingly. The appellant duly filed an application to set aside the registration. The learned Judge opined that the contentions made by the appellant and the issues raised were prematurely brought up and could properly be canvassed at the time when the respondent would be seeking to actually enforce the award. The learned Judge, declined to set aside the registration.
Award failed and the registration of the award cannot be faulted. The arbitrators came to the conclusion that they had jurisdiction to determine the dispute, and proceeded to determine the dispute accordingly. The conclusion reached by the arbitrators that the parties reached an agreement in this matter is inescapable. It’s not true the arbitrators’ finding that the parties reached an agreement can be assailed. The contract document expressly provided for the settlement of any disputes arising out of the agreement by arbitration. Plus the arbitrators were appointed on the basis of the contract.
Kenya Sugar Research Foundation vs. Kenchuan Architects LTD, High Court at Nairobi, Civil Case 695 [2012]
iarb
Algeria
This appeal relates to a request by applicant to set aside an arbitral award in favor of the Respondent. Applicant contends that the Tribunal erred in its finding did not resolve the dispute in accordance with the agreement and the Laws of Kenya – an offence to public policy, resulting in ambiguous, illogical, unfair and unjust award.
Kundan Singh Construction Limited vs. Tanzania National Roads Agency, Hight Court of Kenya, Mombasa, MISC. Civil Application No. 171 [2013]
iarb
Algeria
This application requests the recognition and enforcement of an arbitral award as a decree of the Kebyan Court in line with section 36(2) of arbitration act of Kenya Respondent objects to recognition as the: (i) tribunal went beyond the scope of reference to arbitration; (ii) tribunal exceeded its power in applying the UK law as governing law instead of the law of Tanzania, as stipulated in the contract; (iii) award has not gained full force, as it is being challenged in the court of appeal in Stockholm.
Glencore Grain LTD vs. TS.S.S Grain Millers LTD [2012]
iarb
Algeria
This appeal relates to whether an arbitration award seeking to be recognized and enforced through the court, is caught out by limitation because the court processes did not serve up a directional judgment expeditiously enough to avail the award holder the fruits of his award. A dispute arose out of Sales Contract for 10,000 metric tons of white corn. An international arbitral award was rendered in London in favor of the seller Glencore Grain Limited. The High Court of Kenya set aside the Award on non-compliance of procedural law of Kenya, following which the Court of Appeal held that the lower court had erred in setting aside the arbitration Award. Instead, the court, should have struck out the application for recognition of award for non-compliance rather than setting aside the award.
Tanzania National Roads Agency vs. Kundan Singh Construction Limited [2012] H.C. Misc. Civil Appl. No. 171
iarb
Algeria
This appeal relates to the ruling of Kenyan High Court of Mombasa refusing to set aside an international arbitral award for lack of jurisdiction. The dispute arose from a contract of works. Appellant claims that the award should be set aside on the grounds of public policy and interpretation of section 37 (1) (b) of the Kenyan Arbitration act.
Association d’Economie Extérieure “Tyazhpromexport” vs. Société des Bauxites de Kindia (SBK) – Arret 143 (Juin 2010)
iarb
Algeria
‘’Tyazhpromexport’’) needs the Court of Appeal of Conakry to order the enforcement of the award VIAC BUSINESS SCM 4916. This award is delivered against the applicant’s company of State of Bauxites of Kindia (SBK).
The applicant’s claim has been declared admissible. The execution of the aforesaid award is ordered on the Republic of Guinea’s territory.
Compagnie des Bauxites de Kindia (CBK SA) contre Association d’Economie Extérieure “Tyazhpromexport” – Arret numéro: 46 (Février 2013)
iarb
Algeria
The government enterprise ‘’Association d’Economie Extérieure’’ ‘’Tyazhpromexport’’ is opposed to the Company of state of Bauxites of Kinidia (SBK). The judgment was restricted to control if the submitted award has acquired the force of judged thing and it has nothing against the Guinean public order or to court order of Guinea. CBK made its request of interpretation of stop.
This application has not blamed CBK and the latter must consequently be regarded as one third. The award of March 13th, 2006 does not have to mention of the aforesaid letter written since 2001. In this stop of the enforcement of the award, the CBK was not put in question. This application could not produce an unspecified effect with regard to CBK.
Société Benin Control SA contre Etat du Bénin –Arret N°103/2015
iarb
Algeria
Benin Control SA and the State of Benin signed a contract. The State’s suspension of the aforementioned contract led Benin Control to submit an application to the CCJA for arbitration. The Arbitral Tribunal, which found the State to be at contractual fault, ruled in favor of the Claimant. Benin Control solicited the enforcement of said sentence through the present application. The State appealed the award.
Etat du Bénin représenté par l’Agent Judiciaire du Trésor contre Société Commune de Participation, Patrice TALON –Arret N° 104/2015
iarb
Algeria
The Society de Participation S.A (SCP), whose capital is held entirely by Mr. Talon, acquired 33.5% of the shares of SODECO, a Cotton Development Corporation. The State transferred 17.5% of shares to SCP. It further renounced the sale of the 48.9% of shares it owned in SODECO, withdrew and resumed the carrying of 17.5% of the shares that had been transferred to SCP, and suspended the Convention establishing the Cotton Development Corporation. The SPC and Mr. Talon filed an application for arbitration at the European Court of Justice. The Arbitral Tribunal ultimately deemed the State to be at contractual fault. The State appealed the award.
République de Guinée contre GETMA International –Arrêt N° 139/2015
iarb
Algeria
The unilateral termination by the Republic of Guinea of its agreement with GETMA, who was awarded the concession for the Conakry Container Terminal, led the company to bring a case before the CCJA. The arbitral tribunal ruled in favor of GETMA, ordering Guinea to pay damages. Guinea applied to set-aside the award before the CCJA.