Grain Marketing Board v Arenel (Pvt) Ltd and Gordon Geddes N.O.

HB 156-20

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Case Details

Court

Bulawayo High Court

Date

23 July 2020

Citation

HB 156-20

Neutral Citation

[2020] ZWHB 156

Outcome

unknown

Case Type

Application

Bench

Presiding

Dube-Banda J

Full Bench

Dube-Banda J

Areas of Law

Arbitration lawCommercial lawPublic policy

Keywords

Arbitral awardSetting asidePublic policySpecific performanceSeverability

Key Issues

{"issue_text":"Did the arbitrator fail to decide on the pertinent issue of whether contract provisions were severable due to unreasonable pricing?","issue_type":"law","dispositive":"yes","related_facts":"Contract price RTGS$1,135 vs market price RTGS$9,162; GMB public entity status"}
{"issue_text":"Is the alternative relief in the arbitral award vague and embarrassing and contrary to public policy?","issue_type":"law","dispositive":"yes","related_facts":"Alternative order to pay unnamed supplier"}
{"issue_text":"Should the arbitral award be registered as an order of court?","issue_type":"procedural","dispositive":"yes","related_facts":"Award grants specific performance"}

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background

Facts of the Case

Background

The Grain Marketing Board (GMB) and Arenel (Pvt) Ltd entered into an agreement for supply of 6000 metric tonnes of biscuit flour. A dispute arose when GMB failed to supply the full quantity. Arbitration ensued and the arbitrator ordered specific performance. GMB applied to set aside the award on public policy grounds while Arenel sought registration of the award.

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