Proches Tairo

Case: Dowans Holding v Tanzania Electric Supply: Judgment delivered by the by the UK High Court on 27 July 2011

Created by Proches Tairo August 17, 2011 - Category: Business/Law
6 comments, 765 views, 0 likes

The defendant (Tanesco) applied to set aside permission for Dowans to enforce the ICC award. In this case, the award was made in Tanzania and the defendant (Tanesco) has filed a petition with the Tanzania's High Court seeking to have the award set aside. That application will not be heard until September 2011 and any further appeal could take around 12 months or more.

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  • Proches Tairo
    Proches Tairo The judge had a general discretion whether or not to enforce the award under section 103(2) (even in the absence of an exception under that section). He said he should exercise that discretion in the same way in which he would exercise his discretion to a...  more
    August 17, 2011
  • Proches Tairo
    Proches Tairo The judge said that he would approach the question by considering the prospect of success for the defendant’s application in Tanzania (“in the confident expectation” that in applying Tanzanian law, “the Tanzanian court will have full regard to the interna...  more
    August 17, 2011
  • Proches Tairo
    Proches Tairo He concluded that he could not say that the defendant’s chances of success of setting aside the award in this case were fanciful and so he allowed an adjournment, on condition that security be provided (especially since the defendant intended to continue ...  more
    August 17, 2011 - 1 likes this
  • Delrivo
    Delrivo Dowans hao wanatapatapa kila sehemu.
    August 24, 2011