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Supreme Court
Central African Building Society v Finormacg Consultancy (Private) Limited & Anor
[2022] ZWSC 56
Case Details
Court
Supreme Court
Date
2 June 2022
Citation
[2022] ZWSC 56
Judgment No.
SC 56/22
Outcome
unknown
Case Type
Appeal
Bench
Presiding
Guvava JA
Author
Chatukuta JA
Full Bench
Guvava JAChatukuta JAMusakwa JA
Areas of Law
Commercial LawArbitration Law
Keywords
arbitral awardbiaspublic policycontract termination
Tags
arbitrationcommercial contractbanking
legislation
Statutes Cited
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the court a quo misdirected itself in finding reasonable apprehension of bias warranting setting aside the arbitral award","issue_type":"mixed","dispositive":"yes","related_facts":"Arbitrator's conversation with managing director, opposing affidavit language"}
- {"issue_text":"Whether the High Court had power to remit dispute to different arbitrator","issue_type":"procedural","dispositive":"no","related_facts":"Arbitration Act provisions"}
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background
Facts of the Case
Background
The appellant terminated a consultancy contract with the first respondent who then referred the dispute to arbitration. The arbitrator dismissed both parties' claims except for a monthly payment due. The first respondent applied to set aside the award alleging bias, which the High Court granted. The Supreme Court allowed the appeal.
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