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Supreme Court

Zimbabwe Manpower Development Fund v Zimbabwe Jiangsu International Company (Private) Limited & Another

SC 50/24

Case Details

Court
Supreme Court
Date
31 May 2024
Citation
SC 50/24
Neutral Citation
[2024] ZWSC 50
Outcome
unknown
Case Type
Appeal

Bench

Presiding
MAVANGIRA JA
Full Bench
MAVANGIRA JAMAKONI JACHIWESHE JA
Areas of Law
Arbitration LawContract LawConstruction Law
Keywords
arbitral awardsetting asidepublic policycontractual capacitycurrencyin duplum rule
Tags
ArbitrationConstruction LawCurrency LawPublic Policy
legislation
Statutes Cited
  • Manpower Planning and Development Act
  • Arbitration Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the court a quo considered the issues that were placed before it.","issue_type":"procedural","dispositive":"yes","related_facts":"The court a quo's failure to address grounds for setting aside the arbitral award."}
  • {"issue_text":"Whether the court a quo erred in concluding that the failure to protest the arbitrator's jurisdiction barred the raising of the issue in an application brought in terms of s 34 (2) of the Arbitration Act.","issue_type":"law","dispositive":"no","related_facts":"The appellant's challenge to the arbitrator's jurisdiction."}
  • {"issue_text":"Whether the court a quo erred in concluding that the appellant had legal capacity to contract.","issue_type":"law","dispositive":"no","related_facts":"The appellant's status as a Fund under the Manpower Planning and Development Act."}
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background
Facts of the Case

Background

The appellant, a statutory fund, engaged the first respondent to construct its head office. Due to hyperinflation, the project was suspended and later repriced in US Dollars. A dispute arose over payment, which was referred to arbitration. The arbitrator awarded payment in US or Zimbabwe Dollars at the prevailing interbank rate. The appellant applied to set aside the award, arguing lack of capacity and public policy violations, but the High Court dismissed the application.
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