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Harare High Court

ZIMBABWE MANPOWER DEVELOPMENT FUND v ZIMBABWE JIANGSU INTERNATIONAL COMPANY (PVT) LTD And CLASSIQUE PROJECT MANAGEMENT (PVT) LTD

HH 594/23

Case Details

Court
Harare High Court
Date
31 October 2023
Citation
HH 594/23
Neutral Citation
[2023] ZWHH 594
Outcome
unknown
Case Type
Application

Bench

Presiding
CHIRAWU-MUGOMBA J
Full Bench
CHIRAWU-MUGOMBA J
Areas of Law
Arbitration LawContract LawCommercial Law
Keywords
arbitral awardsetting asidepublic policyincapacityjurisdiction
Tags
ArbitrationSetting Aside AwardCommercial Law
legislation
Statutes Cited
  • Arbitration Act
  • Arbitration Act
  • Arbitration Act
  • Arbitration Act
  • Arbitration Act
  • Arbitration Act
  • Arbitration Act
  • Arbitration Act
  • Manpower Planning and Development Act
  • Manpower Planning and Development Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the applicant lacked legal capacity to enter into the contract and arbitration agreement.","issue_type":"law","dispositive":"yes","related_facts":"Applicant is a creature of statute; applicant participated in arbitration; applicant uses the building."}
  • {"issue_text":"Whether the arbitral procedure was not in accordance with the agreement of the parties.","issue_type":"procedural","dispositive":"yes","related_facts":"Parties agreed on arbitrator and issues; applicant raised jurisdictional challenge for the first time in court."}
  • {"issue_text":"Whether the award dealt with a dispute not contemplated by or falling within the terms of submission to arbitration.","issue_type":"law","dispositive":"yes","related_facts":"Payment certificates issued without an architect."}
  • {"issue_text":"Whether the award is in conflict with the public policy of Zimbabwe.","issue_type":"law","dispositive":"yes","related_facts":"Award made in USD; applicant claims violation of SI 33/19 and SI 142/2019."}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case

Background

The applicant and the first respondent entered into a contract in November 2000 for the construction of a nine-storey building. Disputes arose and were referred to arbitration. The applicant now seeks to set aside the arbitral award on grounds of incapacity, procedural irregularity, and public policy, while the respondent seeks to register the award for enforcement.
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