Tanzania Electric Supply Company Limited v. Independent Power Tanzania Limited

Abstract

Jurisdiction — ICSID Arbitration Rules, Rule 39 — UK Arbitration Act 1996, section 39 — Whether Tribunal has jurisdiction to award provisional measures

Provisional measures — Preservation of rights — “Conservatory measures” — Distinction between protection of rights and enforcement of rights — Balance of convenience — Urgent need for relief

Interpretation — Power Purchase Agreement — Conditions precedent — Government approval of the Agreement — Certification of compliance of Independent Engineer — Agreement on the Reference Tariff — Whether conditions precedent — Addendum No. 1 — Reference to “underlying assumptions” where assumptions not stated — Whether Addendum void for uncertainty

Interpretation — Implied terms — Business efficacy — Reasonableness and prudence in procurement of contracts — Termination — Breach of material obligations — Election, waiver and estoppel — Whether party estopped from relying on assertion of breach

Procedure — Ancillary claim — ICSID Arbitration Rules, Rule 40 — Allegations of bribery and conspiracy — Insufficient evidence to support