Arbitral awardSetting asidePublic policyUNCITRAL Model LawRent escalation
Tags
ArbitrationRentLease
legislation
Statutes Cited
Arbitration Act
UNCITRAL Model Law on International Commercial Arbitration
UNCITRAL Model Law on International Commercial Arbitration
UNCITRAL Model Law on International Commercial Arbitration
UNCITRAL Model Law on International Commercial Arbitration
UNCITRAL Model Law on International Commercial Arbitration
ai analysis
Case Summary
Key Issues
{"issue_text":"Whether the court a quo erred in finding the arbitral award was not susceptible to being set aside under Article 34 of the UNCITRAL Model Law.","issue_type":"law","dispositive":"yes","related_facts":"The arbitrator's decision on rent and the High Court's dismissal of the setting aside application."}
{"issue_text":"Whether the arbitral award is in conflict with the public policy of Zimbabwe.","issue_type":"law","dispositive":"yes","related_facts":"The arbitrator's determination of rent and the application of the Rent Regulations."}
{"issue_text":"Whether the High Court had the authority to delegate the appointment of an arbitrator to the Commercial Arbitration Centre.","issue_type":"law","dispositive":"no (not appealed against)","related_facts":"The High Court's order directing the Centre to appoint the arbitrator."}
{"issue_text":"Whether the arbitrator had jurisdiction to hear the dispute.","issue_type":"law","dispositive":"yes","related_facts":"The arbitrator's ruling on his own jurisdiction and the appellant's failure to seek High Court review."}
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background
Facts of the Case
Background
The parties had a lease agreement for Harare Sports Club, with rent fixed in Zimbabwe dollars. Following the introduction of a multi-currency system, the parties could not agree on a new rent and the dispute was referred to arbitration. The arbitrator determined a fair rental, which the appellant sought to set aside, arguing the arbitrator lacked jurisdiction and the award conflicted with public policy.
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