Regal Insurance Company (Private) Limited v Zimbabwe Posts (Private) Limited

HH 28-22

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Case Details

Court

Harare High Court

Date

12 January 2022

Citation

HH 28-22

Neutral Citation

[2022] ZWHH 28

Outcome

unknown

Case Type

Application

Bench

Presiding

Manzunzu J

Full Bench

Manzunzu J

Areas of Law

Arbitration lawCommercial law

Keywords

Arbitral awardTermination of proceedingsNatural justiceAudi alteram partem

Key Issues

{"issue_text":"Whether the arbitration was properly terminated without hearing from the applicant","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant failed to file statement of claim; Arbitrator terminated without hearing applicant"}
{"issue_text":"Whether Article 34 is applicable to challenge the arbitral award","issue_type":"procedural","dispositive":"no","related_facts":"Applicant brought application under Article 34"}
{"issue_text":"What is the effect of the termination on the parties' rights","issue_type":"law","dispositive":"no","related_facts":"Award remains extant; parties cannot re-arbitrate"}

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background

Facts of the Case

Background

The parties entered into a commercial agreement with an arbitration clause. When a dispute arose, they agreed to arbitration proceedings with specific timelines. The applicant's legal practitioners failed to file a statement of claim within the agreed timeframe and renounced agency. The arbitrator terminated the proceedings on 20 September 2018 under Article 25(a) of the Arbitration Act without hearing from the applicant.

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