Professional Computer Services (Private) Limited v National Social Security Authority and National Merchant Bank

HH 426-2012

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Case Details

Court

Harare High Court

Date

18 October 2012

Citation

HH 426-2012

Neutral Citation

[2012] ZWHH 426

Outcome

unknown

Case Type

Application

Bench

Presiding

BERE J

Full Bench

BERE J

Areas of Law

Commercial lawArbitration lawBanking law

Keywords

Performance bondArbitration awardContract cancellationBank guarantee

Key Issues

{"issue_text":"Does this court have jurisdiction to interpret an arbitration award and grant a declaratory order?","issue_type":"procedural","dispositive":"no","related_facts":"Arbitration award was issued; PCS seeks interpretation of that award"}
{"issue_text":"Was the performance bond still valid and enforceable after the arbitration award?","issue_type":"mixed","dispositive":"yes","related_facts":"Arbitration award did not mention bond; bond dated 1 October 2010"}
{"issue_text":"Did the arbitration award authorize NSSA to encash the performance bond?","issue_type":"law","dispositive":"yes","related_facts":"Arbitration award made no reference to performance bond encashment"}

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Facts of the Case

Background

PCS provided computer services to NSSA under a contract secured by a US$220,000 performance bond. After disputes arose, arbitration was conducted and an award was made. NSSA then instructed NMB to encash the performance bond, prompting PCS to seek a declaratory order that the bond was of no force or effect.

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