ZIMASCO (PRIVATE) LIMITED v PORTNEX INTERNATIONAL (PROPRIETARY) LIMITED and KEVIN TERRY (N.O)

HH 34-21

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Case Details

Court

Harare High Court

Date

29 January 2021

Citation

HH 34-21

Neutral Citation

[2021] ZWHH 34

Outcome

unknown

Case Type

Application

Bench

Presiding

MANGOTA J

Full Bench

MANGOTA J

Areas of Law

Arbitration LawContract LawCurrency Law

Keywords

Partial arbitral awardSetting asidePublic policyUnterminated proceedings

Key Issues

{"issue_text":"Whether the court should set aside a partial arbitral award on the grounds that it is contrary to public policy","issue_type":"law","dispositive":"yes","related_facts":"The partial arbitral award on currency interpretation; applicant's allegation of prejudice to Zimbabwe"}
{"issue_text":"Whether a superior court should interfere with uncompleted proceedings of an inferior tribunal","issue_type":"law","dispositive":"yes","related_facts":"The arbitration proceedings are ongoing as other issues remain unresolved"}
{"issue_text":"Whether the applicant has standing to raise public policy arguments on behalf of Zimbabwe","issue_type":"law","dispositive":"yes","related_facts":"Applicant's founding affidavit focuses on prejudice to Zimbabwe rather than to itself"}

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background

Facts of the Case

Background

The applicant and the first respondent concluded a lease agreement in 2017 for the lease of furnaces for ferrochrome production. Following the promulgation of currency regulations in 2019, a dispute arose regarding the conversion of rental obligations from US dollars to Zimbabwe dollars. The parties referred the dispute to an arbitrator, who delivered a partial arbitral award on the currency interpretation issue. The applicant sought to set aside this partial award, arguing it was contrary to public policy.

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