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Harare High Court
Gold Driven Investments v Telone (Pvt) Ltd & A. R. Gubbay N.O.
HH 200-12
Case Details
Court
Harare High Court
Date
9 May 2012
Citation
HH 200-12
Neutral Citation
[2012] ZWHH 200
Outcome
unknown
Case Type
Application
Bench
Presiding
Chiweshe JP
Full Bench
Chiweshe JP
Areas of Law
arbitration lawcommercial lawcontract law
Keywords
arbitral awardpublic policynatural justicearbitrationsetting aside award
Tags
arbitrationarbitral awardpublic policy
legislation
Statutes Cited
- Arbitration Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the arbitral award should be set aside for being in conflict with public policy of Zimbabwe","issue_type":"law","dispositive":"yes","related_facts":"Arbitrator's determination of issues, application of exchange rates, award of remedies"}
- {"issue_text":"Whether the arbitrator determined issues not placed before him","issue_type":"procedural","dispositive":"no","related_facts":"Claim for realised proceeds, amendment of claims"}
- {"issue_text":"Whether there was breach of natural justice","issue_type":"procedural","dispositive":"no","related_facts":"Introduction of new claims, opportunity to defend"}
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background
Facts of the Case
Background
The applicant sought to set aside an arbitral award issued by the second respondent arbitrator on 16 August 2010, alleging it conflicted with Zimbabwe's public policy. The applicant claimed the arbitrator determined issues not placed before him, breached natural justice rules, and acted contrary to substantive law.
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