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Harare High Court
POWERTEL COMMUNICATIONS (PVT) LTD versus DANDEMETANDE INVESTMENTS (PVT) LTD
HH 454-25
Case Details
Court
Harare High Court
Date
3 March 2025
Citation
HH 454-25
Neutral Citation
[2025] ZWHH 454
Outcome
unknown
Case Type
Application
Bench
Presiding
TAKUVA J
Full Bench
TAKUVA J
Areas of Law
ArbitrationCommercial Law
Keywords
arbitrationarbitrator appointmentcommercial disputeArticle 11(4) of Arbitration Act
Tags
arbitrationarbitrator appointmentcommercial dispute
legislation
Statutes Cited
- Arbitration Act
- Arbitration Act
- Prescription Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether article 11(4) is applicable to the applicant's cause","issue_type":"procedural","dispositive":"yes","related_facts":"Parties' agreement clause 27, failed arbitration attempts"}
- {"issue_text":"Whether the applicant has satisfied the requirements of article 11(4) of the Act in bringing the present application","issue_type":"procedural","dispositive":"yes","related_facts":"Failed attempts to appoint arbitrator, parties' agreement"}
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background
Facts of the Case
Background
In 2010, the parties entered into an Internet Capacity Purchase Agreement. A dispute arose in 2017 when the respondent terminated the agreement. Multiple attempts at arbitration failed, including appointments of Justice Ziyambi in 2018 and Mr. Whatman in 2023. The applicant seeks court appointment of an arbitrator after the parties failed to agree on a new arbitrator.
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