arbitration awardpublic policybreach of agreementprivity of contractdamagescosts
Tags
arbitrationsetting aside arbitral awardpublic policycompany lawbreach of contract
legislation
Statutes Cited
Arbitration Act
ai analysis
Case Summary
Key Issues
{"issue_text":"Whether the arbitration award was impeachable for violation of public policy","issue_type":"law","dispositive":"no","related_facts":"Arbitrator found no privity of contract between parties under SPA"}
{"issue_text":"Whether the arbitrator contradicted himself in his two awards","issue_type":"law","dispositive":"no","related_facts":"Applicant claimed liability was settled in first award"}
{"issue_text":"Whether NetOne breached the ASS and Farpin was entitled to damages","issue_type":"mixed","dispositive":"yes","related_facts":"NetOne cancelled SPA; Farpin claimed damages for lost value"}
{"issue_text":"Whether the arbitrator misdirected himself on costs award","issue_type":"procedural","dispositive":"partial","related_facts":"Costs awarded on attorney-client scale against Farpin alone"}
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background
Facts of the Case
Background
Applicant sought to set aside an arbitration award claiming the arbitrator misconstrued the factual basis of its claim and that the award contradicted public policy. The dispute arose from a share sale agreement where NetOne sold its 60% shareholding in Zellco to Farpin, with clause 13.2 obliging NetOne to renew the Service Provider Agreement between NetOne and Zellco for five years. NetOne cancelled the SPA, leading to arbitration proceedings.
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