Setting aside arbitral awardPublic policySeverability of awardForeign currencyRetention feesContract variation
Tags
ArbitrationPublic PolicySeverabilityCurrency Laws
legislation
Statutes Cited
Arbitration Act
Arbitration Act
ai analysis
Case Summary
Key Issues
{"issue_text":"Whether Article 34(2)(b)(ii) of the Arbitration Act allows for severance of an arbitral award","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant seeks to set aside only paragraphs 2 and 3 of the award"}
{"issue_text":"Whether the arbitral award in US dollars violates Zimbabwe's currency laws and public policy","issue_type":"law","dispositive":"yes","related_facts":"Award made in US dollars after SI 33/2019"}
{"issue_text":"Whether ordering payment of retention fees for 4 completed elevators violates contract principles and public policy","issue_type":"law","dispositive":"yes","related_facts":"Contract required completion of 7 elevators before retention payment"}
{"issue_text":"Whether the award for maintenance of additional equipment violates contract principles and public policy","issue_type":"law","dispositive":"yes","related_facts":"Claim for maintenance payments beyond contract terms"}
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background
Facts of the Case
Background
The parties entered into a contract for the refurbishment of 7 elevators, but only 4 were completed. The 1st Respondent went to arbitration claiming payment for variations and additional works. The arbitrator awarded payment in US dollars for completed works and maintenance, which the Applicant sought to set aside on public policy grounds, including violation of currency laws and contract principles.
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