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Supreme Court

Edmore Taperesu Mazambani v International Export Trading Company (Private) Limited & C. Chitiyo

[2020] ZWSC 88

Case Details

Court
Supreme Court
Date
29 June 2020
Citation
[2020] ZWSC 88
Judgment No.
SC 88/20
Outcome
unknown
Case Type
Appeal

Bench

Presiding
MATHONSI JA
Full Bench
UCHENA JAMAKONI JAMATHONSI JA
Areas of Law
Arbitration lawCommercial lawContract law
Keywords
Arbitral awardSetting asideRegistrationPublic policyBias
Tags
ArbitrationCommercial disputeContractAgricultural contract
legislation
Statutes Cited
  • Arbitration Act
  • Arbitration Act
  • Arbitration Act
  • Supreme Court Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the High Court could set aside an arbitral award that had already been registered for enforcement","issue_type":"procedural","dispositive":"yes","related_facts":"Award registered in HC 900/17 before HC 1064/17 heard"}
  • {"issue_text":"Whether the arbitrator's alleged bias rendered the award invalid","issue_type":"mixed","dispositive":"no","related_facts":"Arbitrator's relationship with insurance company director"}
  • {"issue_text":"Whether the appellant's temporary exclusion from proceedings violated natural justice","issue_type":"procedural","dispositive":"no","related_facts":"Appellant asked to leave during witness testimony"}
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background
Facts of the Case

Background

The appellant entered into a maize-growing agreement with the first respondent, failed to deliver the agreed quantity, and an arbitral award was made against him. He sought to set aside the award on grounds of arbitrator bias and public policy, but the award had already been registered for enforcement by the High Court before his setting-aside application was heard.
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