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Harare High Court

Peter John Forsyth v The Honourable A.R. Gubbay S.C. and Gordon Crawford

HH 143/2013

Case Details

Court
Harare High Court
Date
8 May 2013
Citation
HH 143/2013
Neutral Citation
[2013] ZWHH 143
Outcome
unknown
Case Type
Application

Bench

Presiding
MAKONI J
Full Bench
MAKONI J
Areas of Law
Arbitration LawCommercial LawPublic Policy
Keywords
arbitral awardpublic policypalpable inequitysetting asideModel Law
Tags
arbitrationsetting aside arbitral awardpublic policy
legislation
Statutes Cited
  • UNCITRAL Model Law on International Commercial Arbitration
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the arbitral award should be set aside for being contrary to public policy","issue_type":"law","dispositive":"yes","related_facts":"Award dismissed applicant's claim; applicant alleged palpable inequity"}
  • {"issue_text":"Whether the award countenances illegality by upholding a tax avoidance scheme","issue_type":"law","dispositive":"no","related_facts":"Respondent's evidence suggested agreement was to avoid capital gains tax"}
  • {"issue_text":"Whether the arbitrator failed to apply his mind to crucial issues","issue_type":"law","dispositive":"no","related_facts":"Applicant claimed arbitrator ignored key evidence and issues"}
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background
Facts of the Case

Background

The applicant sought to set aside an arbitral award that dismissed his claim against the second respondent, alleging the award was contrary to public policy. The dispute arose from an investment agreement where the applicant claimed he was induced by fraudulent misrepresentation to invest money that was instead used by the second respondent to purchase personal property.
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