Not sure on that chief as nadhani itadepend on whether Govt of TZ was the ultimate guarantor for TANESCO which as far as I know is normally the case as Tanesco ni mali ya GOT. I understand most transactions of this nature involve a sovereign guarantee.
Have to check precedents before making...
MMK,
Legally speaking, with an ICC award, unaweza kukamata mali za mdaiwa popote duniani. This is under the New York Code. Ndio maana watu wanapenda kwenda for this type of arbitration. Issue hapa is whether wanaodai wataweza kwenda that route????
Lakini as I have pointed out in earlier posts...
I think kuna two issues here that need consideration.
1. Setting aside the judgment altogether - hili gumu kwa sababu an appeal will need to be on a point of law - not fact. Sasa hapo napata shida kidogo.
2. Reduction of the award on grounds of fraud, misrepresentation - maybe the local courts...
Gurudumu,
Points zako ni valid. Nilichopost mimi ni data za the way arbitration appeals zinavyokuwa handled na possibility ya ku-appeal na possible grounds. Haikuwa intention yangu ku-argue for or against the issue ya kulipa hilo deni. Utaona kwamba niligusia the issue of fraud as a possible...
Did a bit of research and thought I would share. Positions of experts in the area of arbitration.
By far the most important international instrument on arbitration law is the 1958 New York Convention on Recognition and Enforcement of Foreign Arbitral Awards.
• Generally speaking, by...
Just checked out CPS Energy. For company that has made its first foray into Africa, there is no reference to this deal on their rather extensive website. Curious......
Value ya DOWANS ni the power generation equipment. There is nothing else to buy as they have no contract. Sasa, I thought hii mitambo "ilishauzwa" to IPC last year (Dowans generators sold for Sh101bn) So how is it that the same equipment is being sold twice?!
Also, The EastAfrican ya this...
Mkandara, twafahamu vizuri benefits za power projects. Witness the way numerous politicians are running for them!:)
Lakini hizo projects were short term in nature sio kama Kiwira. It was only a matter of time before the short term power projects were all cancelled. Kwa hiyo life ya project...
What happened to Mramba and Yona indeed??
The issue in my humble opinion is that EL was sacrificed. The Richmond matter was discussed at cabinet level and the concept Cabinet collective responsibility dictates that all those present were part and parcel of the decision to proceed with Richmond...
Tanzania was complicit in the going-ons of the DRC war that saw Kabila taking over. That much is known; Tanzania harboured Kabila for many years. Question that now raises its head is which side of the fence was TZ on: Kabila's or did we "prostitute" ourselves for the almighty $$?
Weapons shipments arriving by boat from Tanzania, and the Government of Tanzania's role in supporting war in DRC, are never questioned. This may have something to do with Barrick Gold's mining licenses in Tanzania's Masaai territories. Aircraft flying between Tanzania, DRC, and from Kenya, are...
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