The Applicant (North West district) challenges the award by saying that the Arbitrator was biased in favor of the 2nd Respondent.
Case dismissed with costs; by underlining the failure of the Applicant to persuade the court that the 1st Respondent (Gerrit Herman) misconducted the proceedings or that the award he gave was improperly procured
A jurisdiction case; whether or not a company in Botswana if it has foreign shareholder only with an administrative center abroad but the company is registered and incorporated in Botswana.
The Court granted an application for an attachment to confirm jurisdiction so as to render an arbitral award enforceable.
The first respondent (Wharic) instituted review proceedings to set aside the award on the basis that the proceeding had been irregularly conducted, 16 months after the award.
Unless the award contained a patent error, the award should be enforced as an Order of Court.