Oilcom’s arbitral tribunal support
The story about the claim opposing Oilcom and Oryx is putting light on an unknown process in Tanzania, the Arbitration Tribunal. As spotted by legal expert Selemani Mwamba Bakari in the Citizen publication: Arbitration is still a relatively new concept within Tanzania’s legal system.
An Arbitration Tribunal is a panel of one or more arbitrators who are appointed to resolve a legal dispute outside of court, typically through a private process known as arbitration.
The tribunal's role is to hear the evidence, apply the relevant law, and issue a decision or award that is enforceable in a court of law. Arbitration tribunals are commonly used in commercial disputes, international trade, and other areas where parties have agreed to resolve their differences through arbitration rather than litigation.
The key features of an arbitration tribunal include:
The tribunal can consist of a single arbitrator or a panel, depending on the agreement between the parties.
Regarding Oryx vs Oilcom arbitration case, we can notice that the Arbitration Tribunal does not respect fundamental key features mentioned above:
- Neutrality: arbitrator appointed by Oilcom and named Prof Mussa J. Assad was partial and conflicted as shows his CV posted on the website of the university of Dar Es Salaam. He used to work for Oilcom as a consultant in the past. On top of that he was a member of the Board of Directors in a Kenyan Bank named FIRST COMMUNITY BANK which is partially holds by the Nahdi Family (Oilcom’s shareholders). Professor Assad's undisclosed consulting relationship with Oilcom compromised his position as arbitrator. When Oryx sought his recusal and requested to suspend proceedings pending their Court of Appeal challenge, the tribunal dismissed the request and proceeded with the staggering claim of US$ 173,084,708.
- Expertise: this claim is quite specific on oil & transport business and request expertise but the Arbitration Tribunal refuse to hear an international and independent expert appointed by Oryx that was able to bring evidence that the claim is inflated and should be nil.
Arbitration Tribunal also then refuse to appoint a local expert to replace the international expert refused.
It is surprising to see that even with those two incredible points, the tribunal ignores Oryx request to stay the proceedings and award the unbelievable amount of Sh 468 billion.
These points put a unknow light on the “impartiality” of this arbitral process. Further analysis of additional elements in this case is underway, and more updates will follow as the situation evolves.
Stay informed for further insights into this developing story.
The story about the claim opposing Oilcom and Oryx is putting light on an unknown process in Tanzania, the Arbitration Tribunal. As spotted by legal expert Selemani Mwamba Bakari in the Citizen publication: Arbitration is still a relatively new concept within Tanzania’s legal system.
An Arbitration Tribunal is a panel of one or more arbitrators who are appointed to resolve a legal dispute outside of court, typically through a private process known as arbitration.
The tribunal's role is to hear the evidence, apply the relevant law, and issue a decision or award that is enforceable in a court of law. Arbitration tribunals are commonly used in commercial disputes, international trade, and other areas where parties have agreed to resolve their differences through arbitration rather than litigation.
The key features of an arbitration tribunal include:
- Neutrality: Arbitrators are impartial and independent.
- Expertise: Arbitrators are often selected for their expertise in the subject matter of the dispute.
- Private Process: Arbitration is typically confidential, offering more privacy than traditional court proceedings.
The tribunal can consist of a single arbitrator or a panel, depending on the agreement between the parties.
Regarding Oryx vs Oilcom arbitration case, we can notice that the Arbitration Tribunal does not respect fundamental key features mentioned above:
- Neutrality: arbitrator appointed by Oilcom and named Prof Mussa J. Assad was partial and conflicted as shows his CV posted on the website of the university of Dar Es Salaam. He used to work for Oilcom as a consultant in the past. On top of that he was a member of the Board of Directors in a Kenyan Bank named FIRST COMMUNITY BANK which is partially holds by the Nahdi Family (Oilcom’s shareholders). Professor Assad's undisclosed consulting relationship with Oilcom compromised his position as arbitrator. When Oryx sought his recusal and requested to suspend proceedings pending their Court of Appeal challenge, the tribunal dismissed the request and proceeded with the staggering claim of US$ 173,084,708.
- Expertise: this claim is quite specific on oil & transport business and request expertise but the Arbitration Tribunal refuse to hear an international and independent expert appointed by Oryx that was able to bring evidence that the claim is inflated and should be nil.
Arbitration Tribunal also then refuse to appoint a local expert to replace the international expert refused.
It is surprising to see that even with those two incredible points, the tribunal ignores Oryx request to stay the proceedings and award the unbelievable amount of Sh 468 billion.
These points put a unknow light on the “impartiality” of this arbitral process. Further analysis of additional elements in this case is underway, and more updates will follow as the situation evolves.
Stay informed for further insights into this developing story.
