Mistry Jadva Parbat & Company Limited v Grain Bulk Handlers Limited [2016] KEHC 502 (KLR)
- Court
- High Court of Kenya
- Case number
- 502
- Citation
- [2016] KEHC 502 (KLR)
- Decided
- 8 December 2016
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeArbitration ChallengePostureApplicant seeks to remove Arbitrator and set aside awardCoramE.K.O. OGOLA
Holding
The court finds merit in the application and upholds the challenge, removing the Arbitrator and declaring the award void.
Facts
The applicant, Grain Bulk Handlers Limited, challenged the Arbitrator, Philip Bliss Aliker, alleging bias and non-compliance with natural justice. The respondent, Mistry Jadva Parbat & Company Limited, did not challenge the application.
Issues
- Bias and non-compliance with natural justice by the Arbitrator
- Incompetent handling of the arbitration
Reasoning
The court found that the Arbitrator conducted himself in a manner that exhibited bias and was contrary to the rules of natural justice, despite the award having been rendered.
Outcome
Removal of Arbitrator and voiding of award
Orders
- Challenge to Arbitrator is upheld
- Arbitrator is removed
- Arbitral award is declared void
- Arbitrator refunds half of fees and expenses
- Costs of the application are for the applicant
Remedies
- Removal of Arbitrator
- Voiding of award
- Refund of fees and expenses
Authorities cited
Legislation (1)
- Arbitration Act 1995 (as amended by the Arbitration (Amendment) Act No. 11 of 2009)
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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