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Harare High Court
National Oil Infrastructure Company of Zimbabwe (Pvt) Ltd v AC Controls (Pvt) Ltd and Justice N.T. Mtshiya (Rtd) N.O.
HH 182-24
Case Details
Court
Harare High Court
Date
14 May 2024
Citation
HH 182-24
Neutral Citation
[2024] ZWHH 182
Outcome
unknown
Case Type
Application
Bench
Presiding
Chinamora J
Full Bench
Chinamora J
Areas of Law
Arbitration LawCommercial LawContract Law
Keywords
arbitral awardpublic policyarbitrationcurrency conversionstatutory instrument 33 of 2019
Tags
arbitrationarbitral awardcommercial contractcurrency conversionstatutory instrument
legislation
Statutes Cited
- Arbitration Act
- Finance (No 2) Act of 2019
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the arbitral award is in conflict with public policy of Zimbabwe","issue_type":"law","dispositive":"yes","related_facts":"Arbitrator ruled amount payable in USD despite Statutory Instrument 33 of 2019"}
- {"issue_text":"Whether incorrect interpretation of law by arbitrator constitutes ground for setting aside award","issue_type":"law","dispositive":"no","related_facts":"Applicant argued arbitrator misinterpreted Statutory Instrument 33 of 2019"}
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background
Facts of the Case
Background
The applicant sought to set aside an arbitral award requiring payment of US$164,631.34 for materials purchased in 2018, arguing that Statutory Instrument 33 of 2019 converted the debt to local currency at 1:1 rate. The arbitrator had ruled the amount was payable in USD or at prevailing interbank rate.
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