Connecting the dots - ICC co-arbitrators who gave the Dowans ruling

Susuviri

JF-Expert Member
Oct 6, 2007
3,713
888
Naomba kuwasilisha kwanza article hii:
The International Chamber of Commerce (ICC) has ordered Tanzania Electricity Supply Company (Tanesco) to pay Dowans Holdings SA and Dowans Tanzania Limited a sum of Sh106 billion for breach of contract.
The ICC ruling made on Nov 15, this year, by ICC co-arbitrators, Swithin Munyantwali and Sir Jonathan Parker, held Tanesco responsible for the breach of the agreement and ordered it to pay the claimants $24,168.343.83 plus simple interest of 7.5 percent per year from June 15, 2010 to the day of payment making the sum of $19,955626.71

The two co-arbitrators also ordered Tanesco to pay $39,935,765.50 plus 7.5 percent interest on aggregate principal sum of $36,705,013.94 from the same date

"The total fees and expenses of the arbitrators and the ICC administrative expenses amount to $750,000. The parties have paid and shall bear these costs equally," reads part of the tribunal document which awarded Dowans the payments.

Tanesco has also been ordered to jointly pay the claimants their legal and other costs amounting to $1,708,521.

Mi nimefanya research ndogo ili watanzania tupate kujua hawa watu wawili waliofanya maamuzi haya ni akina nani.
tuanze na Sir Jonathan Parker, anaonekana ni mtu mwenye heshima yake huko UK

Mediator Profile:
Sir Jonathan Parker began his career at the Bar in 1962, as junior counsel in the Chancery Division.
He was appointed as Queen's Counsel in 1979. He became a High Court Judge in the Chancery
Division in 1991 and a Lord Justice of Appeal in 2000. As junior counsel, Sir Jonathan built up a
substantial litigation and advisory practice. As Queen's Counsel, he specialised in Chancery and
Commercial litigation. He appeared for the Revenue in a number of cases before the Special
Commissioners, in the High Court, in the Court of Appeal, and in the House of Lords. He also made
numerous appearances in the Courts of Singapore and Hong Kong. He lists his recreations as
landscape painting and spoiling grandchildren.
Appointments:
l Head of Chambers: 11 Old Square, Lincoln's Inn (1962-1991)
l Member of Chancery Bar (1962-1991)
l Bencher of Inner Temple (1985-)
l Bar Council Disability Committee (1986-1991)
l Deputy High Court Judge (1988-1991)
l Chairman, Lincoln's Inn Tenants' Assocation (1988-1991)
l Attorney-General, Duchy of Lancaster (1989-1991)
l Recorder (1989-1991)
l High Court Judge (Chancery Division) (1991-2000)
l Vice Chancellor of the County Palatine of Lancaster (1994-1998)
l Lord Justice of Appeal (2000-2007)
l Courts Service Disability Network (2000-2007)
l Inner Temple Estates Committee (2000-2005)
l Court of Appeal Users' Committee (2005-2007)
Bofya hapa kwa habari na picha yake


Ila huyu mwingine ndo nimeona kama iko more interesting: Swithin Munyantwali yeye kwa taarifa ya wote yuko based in .... UGANDA

Hii nimethibitisha kupitia Linkedin

Swithin Munyantwali
Executive Director at International Law Institute Africa Centre for Legal Excellence
Uganda
urrent
Executive Director at International Law Institute Africa Centre for Legal Excellence
Non Executive Director at Barclays
Executive Director at International Law Institute African Centre for Legal Excellence
Swithin Munyantwali’s Experience

Executive Director
International Law Institute Africa Centre for Legal Excellence
(Legal Services industry)
Currently holds this position
Non Executive Director
Barclays
(Legal Services industry)
2007 — Present (3 years )
Executive Director
International Law Institute African Centre for Legal Excellence
(Legal Services industry)
1997 — Present (13 years )
Bofya hapa kuona hii link

Na ili kupata kujua zaidi kuhusu taasisi ya Bwana Munyantwali tembelea tovuti yao
ILI-ACLE

Naomba niweke hapa kidogo maelezo kuhusu taasisi hii ambayo imezaliwa na iko chini ya sheria za Uganda
International Law Institute - African Centre for Legal Excellence (ILI - ACLE) based in Kampala, Uganda, is at the forefront of legal and judicial reform in sub-Saharan Africa.

Through an arrangement with the Government of Uganda and World Bank support, ILI established its first regional training centre in Kampala, Uganda in 1997 to provide continuing legal education in subjects broadly related to economic development and international commercial relations. ILI-ACLE was then formed in 1998 as an independent self-governing non-governmental organization under the laws of the Republic of Uganda. It is the first and only centre of its kind on the African continent.

Kwa leo naomba niwasilishe hapa wakati ninaendelea kukusanya data. Nawakaribisha wale wote wenye data kamili kuhusu wahusika hao na kazi zao waziwasilishe katika thread hii ili tuweze kuelewa ni akina wamefanya maamuzi mazito yatakayogharimu nchi yetu mabilioni.

Kwa leo ni hayo tu.
 
Hii ni hatua nzuri ilikuweza kujua connection kamili ya hii dili.
How about the Chairman of the Counsel during the case.Mr.Aksen!
 
If we define the dots to mean "any proof of connection existing between the arbitrators and either of the parties to the dispute leading to a conclusion of impartiality on the part of arbitrators." so the logical conclusion here would be to show that the ICC award was gainst TANESCO because the arbitration panel were biased because huko nyuma walikuwa na mahusiano na Dowans. If this can not be proved, there there are no dots to connect....or disconnect!
 
Here is probaly another dot.

Its not clear on the document revealed, but i think he is the Chairman of the Counsel during the Tanesco Vs DTL.Any one with more details!
And if you look and read POA btwn Tanesco and Richmond section 14,c,(i&ii) this can be arguable in the court as originaly Richmond is from USA.
Gerald N Asken

PROFILE INFORMATION FOR GERALD N ASKEN


Gerald N Asken
New York, NY

 
Kuna siku itafika...ukweli utajulikana...na uzalendo utafuata..kuwajibika kwa serikali nzima!!!!JK jiuzulu....hufai!!
 
Namshukuru sana Mwankijiji kwa kuendelea kutuletea data zaidi kuhusu kesi hii. Katika document alizoweka hapa Mwanakijiji kuna kipengele kuhusu wamiliki wa Dowans na inaonekana kuwa wamiliki 100% wa Dowans Tz ltd ni Dowans SA wa Costa Rica. Je mwakilishi wao hapa Tanzania ni nani?
Hii ni sehemu ya connecting of dots, kwani ni muhimu kujua kama hawa arbitrators kweli walikuja nchini au la? Its all a matter of time...
 
Mimi nadhani tunapoteza muda kuuliza DOWANS kwanini walipwe! If the contract was breached and the aggreaved party felt that it was not lawful and the contract itself provided litigation and arbitration mode, and case was filed as per procedures and the ruling was given based on presented facts, then we don't have to spend a lot of time to urge why the ruling was given in favor of DOWANS. We should have a look back and relook the whole process and identify where we did go wrong and what to be done or put in place to avoid re-occurrance. We should look into the suggestions given of breaching the contract, who given, does s/he has connection with DOWANS? If yes, proper disciplinary action should be taken against the individual, and may be it was already taken (the previous AG, retired) but all in all, facts remain facts, if the contract was breached illegally then aggreaved party had the right to seek legal opinion and has the right to get the right judgement.
DOWANS didn't breach our procurement procedures, it is us who breached our procurement procedures and if there was any disciplinary to be take it should be against our executives who did not follow the procedures!!! We must learn from mistakes!!!!!
 
Nimewahi kusema hawa majaji wanahitaji kuchunguzwa. Hasa huyu mganda kwani kama kuna mianya ya rushwa that will put into question the issue of independence of arbitrators na ndio hapo Dowans wanaweza kupigwa chini wasilipwe hayo mabilioni au wakarudisha hela zetu. Nimesikia Rostam amehamishia vitega uchumi Uganda je hakuna mahusiano na huyu jamaa Swithin Munyantwali
 
Nimewahi kusema hawa majaji wanahitaji kuchunguzwa. Hasa huyu mganda kwani kama kuna mianya ya rushwa that will put into question the issue of independence of arbitrators na ndio hapo Dowans wanaweza kupigwa chini wasilipwe hayo mabilioni au wakarudisha hela zetu. Nimesikia Rostam amehamishia vitega uchumi Uganda je hakuna mahusiano na huyu jamaa Swithin Munyantwali
tatizo ni wawakilishi wetu walikwenda kwa nia ya kushindwa wakiongozwa nai wetu wa kisiasa
 
Mimi nadhani tunapoteza muda kuuliza DOWANS kwanini walipwe! If the contract was breached and the aggreaved party felt that it was not lawful and the contract itself provided litigation and arbitration mode, and case was filed as per procedures and the ruling was given based on presented facts, then we don't have to spend a lot of time to urge why the ruling was given in favor of DOWANS. We should have a look back and relook the whole process and identify where we did go wrong and what to be done or put in place to avoid re-occurrance. We should look into the suggestions given of breaching the contract, who given, does s/he has connection with DOWANS? If yes, proper disciplinary action should be taken against the individual, and may be it was already taken (the previous AG, retired) but all in all, facts remain facts, if the contract was breached illegally then aggreaved party had the right to seek legal opinion and has the right to get the right judgement.
DOWANS didn't breach our procurement procedures, it is us who breached our procurement procedures and if there was any disciplinary to be take it should be against our executives who did not follow the procedures!!! We must learn from mistakes!!!!!

The Dowans fiasco is not about breaching of contract, the deal here is corruption, I believe our officials were involved in corruptions, but the question is who is beneficiary of these payments? Is it Dowans? or just another transfer of wealths to our dear leaders? Why as of today no actions has been taken by our president to punish those involved? Whenever there is a smoke there is fire behind it.
 
Nimewahi kusema hawa majaji wanahitaji kuchunguzwa. Hasa huyu mganda kwani kama kuna mianya ya rushwa that will put into question the issue of independence of arbitrators na ndio hapo Dowans wanaweza kupigwa chini wasilipwe hayo mabilioni au wakarudisha hela zetu. Nimesikia Rostam amehamishia vitega uchumi Uganda je hakuna mahusiano na huyu jamaa Swithin Munyantwali

Mkuu cha muhimu kabisa ni kuwa Tanzania ijitoe ICC, kwa kuwa ICC sasa inakuwa ni kinga ya wezi wanaoiibia Tanzania. Ilitakiwa kuwa kimbilio wakati wa dhuluma, lakini inakuwa ndio msumari wa dhuluma wenyewe.

Tujiulize ni mara ya ngapi Tanzania kufikishwa ICC, na verdict kwenye kesi zetu imekuwaje?

Verdict ya IPTL ilikuwaje, na je watu walilipwa na ni kina nani walilipwa na ilitugharimu kiasi gani?

Je, pamoja na karne hii mpya ambapo tuna wanasheria wengi maprofesa, ina maana wote ni vilaza wa sheria? Au uongozi wetu wa kisiasa uliamua kuwa tushindwe kesi hiyo ili, fedha ziende kwa baadhi ya wanasiasa wenzao???

In this case tunaweza kusema kuwa Dr Slaa anaongopa kuwa JK ndio mmiliki wa Dowans?
 
Mkuu cha muhimu kabisa ni kuwa Tanzania ijitoe ICC, kwa kuwa ICC sasa inakuwa ni kinga ya wezi wanaoiibia Tanzania. Ilitakiwa kuwa kimbilio wakati wa dhuluma, lakini inakuwa ndio msumari wa dhuluma wenyewe.

Tujiulize ni mara ya ngapi Tanzania kufikishwa ICC, na verdict kwenye kesi zetu imekuwaje?

Verdict ya IPTL ilikuwaje, na je watu walilipwa na ni kina nani walilipwa na ilitugharimu kiasi gani?

Je, pamoja na karne hii mpya ambapo tuna wanasheria wengi maprofesa, ina maana wote ni vilaza wa sheria? Au uongozi wetu wa kisiasa uliamua kuwa tushindwe kesi hiyo ili, fedha ziende kwa baadhi ya wanasiasa wenzao???

In this case tunaweza kusema kuwa Dr Slaa anaongopa kuwa JK ndio mmiliki wa Dowans?

Mkuu hii ya Dowans ndio verdict ya kwanza kwa Tanzania kushindwa. Kesi ya IPTL na serikali Tanzania, serikali ilishinda mkuu . Kesi ya Tanzania na wale jamaa wa City water pia serikali yetu imeshinda ila hii ya Dowans ndio bahati mbaya tumeshindwa.
 
0 Reactions
Reply
Back
Top Bottom