Premium Leaf Zimbabwe (Private) Limited v Tilroy Enterprises (Private) Limited and Advocate Firoz Girach

Key Issues

• {"issue_text":"Whether the arbitral award is contrary to public policy of Zimbabwe by ignoring binding precedent","issue_type":"law","dispositive":"yes","related_facts":"Arbitrator ignored Mushayakarara precedent; Award contradicted binding High Court and Supreme Court decisions"}
• {"issue_text":"Whether the arbitrator's finding that \"the contract makes no mention of the currency in which payment is to be effected\" is sustainable given Clause 9.3","issue_type":"law","dispositive":"no","related_facts":"Clause 9.3 refers to schedules with figures denominated in US dollars; Arbitrator found contract silent on currency"}
• {"issue_text":"Whether the award meets the test for violation of public policy as established in Maposa case","issue_type":"law","dispositive":"no","related_facts":"Award must violate fundamental principle of law/morality/justice; Must be palpably inequitable and outrageous"}

Background