The court decisions available on this website interpret and apply the New York Convention. These court decisions are published in the Yearbook Commercial Arbitration since its Volume I (1976).
For instructions on how to search for court decisions per topic and per country in this website, please refer to our helpful access guide here.
Tanzania No. 2, Travelport International Limited v. Precise Systems Limited, High Court of Tanzania, Miscellaneous Commercial Application No. 359 of 2011, 12 April 2019
High Court of Tanzania, Commercial Division,
Dar es Salaam, 12 April 2019
Travelport International Limited v. Precise Systems Limited
The court discusses the meaning and effect of the referral of the resolution of disputes to arbitration, including: who can ask for referral and when, whether a party has waived its right to request arbitration, the defense that there was no contract at all; whether there was a condition precedent to the commencement of arbitration (e.g. mediation), stay of proceedings v. compelling arbitration, and national procedural specificities such as remand and removal (US), effect of class action. etc.
The court discusses the principle of competence-competence, including whether the parties “intended to have arbitrability decided by an arbitrator”, and the separability of the arbitration agreement from the main contract.
Tanzania No. 1, A-One Products and Bottlers Limited v. Guanzou Techlong Packaging Machinery Company Limited, et al., High Court of Tanzania, Miscellaneous Commercial Cause No. 410 of 2017, 1 February 2019
High Court of Tanzania (Commercial Division),
Dar Es Salaam, 1 February 2019
A-One Products and Bottlers Limited v. Guanzou Techlong Packaging
Machinery Company Limited et al.