Onel Electrical Engineers (Pvt) Ltd v Unki Mines (Pvt) Ltd and David A Whatman N.O.

HH 709-18

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Case Details

Court

Harare High Court

Date

31 October 2018

Citation

HH 709-18

Neutral Citation

[2018] ZWHH 709

Outcome

unknown

Case Type

Application

Bench

Presiding

Muzenda J

Full Bench

Muzenda J

Areas of Law

Arbitration LawCommercial LawContract Law

Keywords

ArbitrationJurisdictionAdjudicatorPreliminary AwardContract Termination

Key Issues

{"issue_text":"Whether the application was filed within the 30-day time limit under Article 16(3)","issue_type":"procedural","dispositive":"no","related_facts":"Application filed 6 April 2018, award dated 5 March 2018"}
{"issue_text":"Whether the arbitrator erred in finding the adjudicator lacked jurisdiction","issue_type":"law","dispositive":"yes","related_facts":"Arbitrator dismissed adjudicator's award despite finding procedural jurisdiction"}
{"issue_text":"Whether the arbitrator could dismiss applicant's claims after finding lack of jurisdiction","issue_type":"law","dispositive":"yes","related_facts":"Arbitrator dismissed claims rather than merely declining jurisdiction"}

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Facts of the Case

Background

The applicant contracted to supply and install electrical plant for first respondent's housing project in Shurugwi. When applicant claimed compensation for delays caused by first respondent's failure to make infrastructure ready, the adjudicator upheld the claim. First respondent issued notice of dissatisfaction, leading to arbitration where the arbitrator ruled he had jurisdiction but the adjudicator did not, and dismissed applicant's claims.

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