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Supreme Court

Zimbabwe Cricket v (1) Harare Sports Club (2) Advocate Daniel Tivadar (Arbitrator)

SC 27/22

Case Details

Court
Supreme Court
Date
24 March 2020
Citation
SC 27/22
Neutral Citation
[2022] ZWSC 27
Outcome
unknown
Case Type
Appeal

Bench

Presiding
Malaba CJ
Full Bench
Malaba CJGuvava JAMavangira JA
Areas of Law
Arbitration LawContract LawProperty Law
Keywords
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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