Globe Spinning Mills Nig. Plc. v. Reliance Textile Indus. Ltd.

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Facts:

Facts:

The appellant entered into a contract with the respondent to supply the latter not less than 250 metric tonnes of cotton yarn per month for a period of three years. In the course of the business relationship between the parties, a dispute arose and in accordance with clause 36 of the agreement, the appellant sent a letter to the respondent indicating notice of arbitration.

The grouse of the appellant was that the respondent had breached the contract causing financial loss to the appellant. At the end of arbitral proceedings the tribunal gave its award in favour of the appellant. One of the reasons given for the award by the tribunal was that the defence of force majeure pleaded by the respondent was invalid and could not avail the respondent as the circumstances enumerated and classified as force majeure by the respondent which led to the breach were situations which fell outside of the circumstances agreed by the parties. The respondent was dissatisfied with the award of the tribunal and filed an action at the Federal High Court, Lagos Division challenging the award on the ground that the tribunal misconducted itself by failing to consider certain exhibits tendered.

The Federal High Court gave judgment in favour of the respondent and set aside the award of the tribunal. The appellant was aggrieved and filed a notice of appeal at the Court of Appeal, Lagos Division praying the court to set aside the judgment of the Federal High Court and uphold the award of the Tribunal.

One of the issues raised by the appellant for determination was whether upon a proper perusal of the arbitral award dated the 1st July, 2010 the arbitral panel did not consider the matters raised in exhibits BB, CC and DD before making its award.

SKU: C00000100423-1-1-2-1-1-1-1-1-1-1-1-1-1-1 Category: Tags: , ,
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