GOODLIVING REAL ESTATE (PVT) LTD versus ADAM & COMPANY (PVT) LTD and SGI PROPERTIES (PVT) LTD and HONOURABLE JUSTICE SMITH

Key Issues

• {"issue_text":"Whether the arbitral award was in conflict with public policy due to breach of natural justice","issue_type":"law","dispositive":"yes","related_facts":"Arbitrator's failure to decide recusal application, referral to two men tribunal, disregard of court order"}
• {"issue_text":"Whether the arbitrator properly handled the recusal application","issue_type":"mixed","dispositive":"yes","related_facts":"Conflicting evidence about when recusal was determined, parties' agreement to two men tribunal"}
• {"issue_text":"Whether the arbitrator's disregard of Justice Chigumba's order violated public policy","issue_type":"law","dispositive":"yes","related_facts":"Court order declaring referral unlawful, arbitrator proceeding despite order"}
• {"issue_text":"Whether the award should be set aside under Article 34(2)(ii) of Arbitration Act","issue_type":"law","dispositive":"yes","related_facts":"Breach of natural justice, conflict with public policy"}

Background