Bitumat Limited and Venus Independent Petroleum Services (Private) Limited v Paramount Motors (Private) Limited t/a Belleview Service Station and Stephen Tshuma
{"issue_text":"Whether the arbitration clause referring to non-existent \"Arbitration Forum of Zimbabwe\" renders the contract void for vagueness","issue_type":"law","dispositive":"no","related_facts":"Contract clause 14.2 naming arbitration body"}
{"issue_text":"Whether the court should rectify the misnomer in the arbitration clause","issue_type":"law","dispositive":"yes","related_facts":"Parties' intention to arbitrate disputes"}
{"issue_text":"Whether the contract is illegal due to foreign currency restrictions","issue_type":"law","dispositive":"no","related_facts":"Authorization to sell fuel in foreign currency"}
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background
Facts of the Case
Background
The applicants, fuel supply companies, entered into an agreement with the first respondent for fuel supply. A dispute arose regarding remittance of proceeds. The applicants sought arbitration but the Commercial Arbitration Centre declined appointment as the contract named "Arbitration Forum of Zimbabwe" which does not exist. Applicants approached court to rectify the arbitration clause.
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