The appellant opposed the application, arguing that Article 11(4) of the UNCITRAL Model Law empowers the High Court to appoint an arbitrator of its own accord. The contention was that the High Court had no power to delegate the authority to appoint an arbitrator to another body, such as the Commercial Arbitration Centre. The appellant also argued that the dispute over the appropriate rental for the property was governed by the Commercial Premises (Rent) Regulations, Statutory Instrument No. 176 of 1983 (the Rent Regulations”) and as such should be determined by the Commercial Rent Board. The appellant further argued that... More
This is an appeal against the whole judgment of the Labour Court handed down on 27 May 2018 dismissing with costs, the appellant’s appeal to that court. The appellant had appealed against an arbitral award finding that it had constructively dismissed the respondent from employment. More
On 30 November 2016, the High Court issued an order in which it allowed the application for the registration of an arbitral award granted in favour of the respondents. In addition, the High Court dismissed an application for a counterclaim mounted by the appellant. The costs of the matter were awarded to the respondent. More
This is an appeal against a decision of the High Court granting the respondents’ application for the review of the appellant’s decision to increase tariffs applicable to the respondents. More
At the conclusion of the hearing of an appeal noted to the Labour Court by the appellant, the Labour Court upheld the point in limine taken by the respondent that the appeal was improperly before the court as it sought to impugn findings of fact rather than law. As a consequence of that finding, the court a quo dismissed the appeal with costs. It is against that order that the appellant has now approached this Court seeking an order setting aside that finding and remitting the matter to the court a quo for a determination of the matter on the... More
