OFF ROUTE TECHNOLOGIES AND ANOTHER V. MAGAMBA COAL LIMITED AND OTHERS, HIGH COURT, COMMERCIAL DIVISION, DAR ES SALAAM (2011).

Sh 14,500.00

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Description

Law cited as Ordinance instead of Act – governing law for a contract – arbitration clause in an investment agreement – stay of suit to allow arbitration – when the court will not refer the matter to arbitration.

 

  • Law cited as Ordinance instead of Act in a petition – not fatal – defect can be cured by amendment of the petition.

 

  • Parties to a contract are free to choose the law that would apply in the event of a dispute.

 

  • Arbitration clause in a contract – stay of suit to allow arbitration – although arbitrators can decide on both questions of law and facts, sometimes when it is ascertained that the question of law can best be decided once and for all by the court or that the possibility of conflict of decisions or it is expedient that multiplicity of proceedings be avoided, the court would not refer the matter to arbitration.

 

Circumstances for stay of suit pending a reference for arbitration pursuant to an arbitration clause in an investment agreement.