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Harare High Court

Zimbabwe Power Company (Pvt) Ltd v Clovegate Elevator Company (Pvt) Ltd & Anor

HH 274/23

Case Details

Court
Harare High Court
Date
4 May 2023
Citation
HH 274/23
Neutral Citation
[2023] ZWHH 274
Outcome
unknown
Case Type
Application

Bench

Presiding
Ndlovu J
Full Bench
Ndlovu J
Areas of Law
Arbitration LawContract LawCivil Procedure
Keywords
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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