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Harare High Court
Harare Sports Club v Zimbabwe Cricket and Commercial Arbitration Centre
[2017] ZWHH 471
Case Details
Court
Harare High Court
Date
21 July 2017
Citation
[2017] ZWHH 471
Judgment No.
HH 471-17
Outcome
unknown
Case Type
Application
Bench
Presiding
Mangota J
Full Bench
Mangota J
Areas of Law
Commercial arbitrationContract lawProperty law
Keywords
arbitrationlease agreementrental disputeappointment of arbitrator
Tags
arbitrationlease disputerental escalation
legislation
Statutes Cited
- Arbitration Act [Chapter 7:15]
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether court has power to authorise second respondent to appoint arbitrator under Article 11(4) of Model Law","issue_type":"procedural","dispositive":"yes","related_facts":"Parties agreed on arbitration procedure but failed to appoint arbitrator; respondent failed to act under agreed procedure"}
- {"issue_text":"Whether Commercial Rent Board should determine rental dispute instead of arbitration","issue_type":"procedural","dispositive":"no","related_facts":"Respondent argued matter should go to Commercial Rent Board; lease contained arbitration clauses"}
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background
Facts of the Case
Background
The applicant (Harare Sports Club) and first respondent (Zimbabwe Cricket) entered into a lease agreement in 1999 for cricket facilities. A dispute arose regarding rental escalation from USD170 to USD3000 monthly. The lease contained arbitration clauses but parties failed to agree on appointment of arbitrator, prompting applicant to seek court intervention.
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