M Bhika Brothers (Private) Limited t/a BK Investments versus Nerveway Trading (Private) Limited and Teriket Investments (Private) Limited and Tutsan Trading (Private) Limited and Ray Makuvatsine (Private Business Corp)

Key Issues

• {"issue_text":"Whether the applicant complied with Article 35(2) of the UNCITRAL Model Law by providing a duly certified copy of the arbitral award.","issue_type":"procedural","dispositive":"no","related_facts":"Certification by Wisdom Vhudzijena; tendering of original award"}
• {"issue_text":"Whether the first respondent was properly represented in the proceedings.","issue_type":"procedural","dispositive":"no","related_facts":"False affidavit by Tawanda Nhengu; CR14 showing he was not a director"}
• {"issue_text":"Whether the second respondent properly opposed the registration of the award.","issue_type":"procedural","dispositive":"no","related_facts":"Reliance on third respondent’s affidavit without cross-verification"}
• {"issue_text":"Whether the arbitral award offends public policy due to reversal of onus of proof.","issue_type":"law","dispositive":"yes","related_facts":"Burden of proving existence of BK Investments (Pvt) Ltd"}
• {"issue_text":"Whether the award offends public policy because the fourth respondent was allowed to remain while others were evicted despite similar occupation.","issue_type":"law","dispositive":"yes","related_facts":"Different lease terms; fourth respondent’s lease lacked clause 8"}
• {"issue_text":"Whether the arbitrator failed to apply his mind to the scope of renovations and their impact on ground floor tenants.","issue_type":"law","dispositive":"yes","related_facts":"Quotation from AM Machado; location of renovations"}
• {"issue_text":"Whether the notice to terminate was invalid for failing to cite clause 8 of the lease agreement.","issue_type":"law","dispositive":"yes","related_facts":"Content of notices; clause 8(d) on deemed acceptance"}

Background