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Harare High Court
Ariston Management Services (Private) Limited v Econet Wireless Zimbabwe Limited and Peter Carnegie Lloyd N.O.
HH 441-23
Case Details
Court
Harare High Court
Date
20 July 2023
Citation
HH 441-23
Neutral Citation
[2023] ZWHH 441
Outcome
unknown
Case Type
Application
Bench
Presiding
Manyangadze J
Full Bench
Manyangadze J
Areas of Law
Arbitration LawCommercial LawContract Law
Keywords
arbitral awardSI 33/19RTGS dollarsexport financepublic policy
Tags
arbitrationstatutory instrumentcurrency conversioncontract enforcement
legislation
Statutes Cited
- Arbitration Act
- Reserve Bank of Zimbabwe Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the arbitrator erred in excluding the USD debt from operation of SI 33/19","issue_type":"law","dispositive":"yes","related_facts":"Debt created 21 January 2019; SI 33/19 effective 22 February 2019"}
- {"issue_text":"Whether such exclusion constitutes gross misdirection warranting setting aside award on public policy grounds","issue_type":"law","dispositive":"yes","related_facts":"Arbitrator applied contract terms; no fraud or breach of natural justice"}
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background
Facts of the Case
Background
The applicant sought to set aside an arbitral award that ordered it to pay USD 886 956.40 plus interest to the first respondent under an Export Finance Facility Agreement, arguing the award ignored SI 33/19 which converted pre-22 February 2019 USD liabilities to RTGS dollars at 1:1.
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