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Harare High Court
San He Mining Zimbabwe (Private) Limited v Zimasco (Private) Limited and Another
HH 28-24
Case Details
Court
Harare High Court
Date
19 January 2024
Citation
HH 28-24
Neutral Citation
[2024] ZWHH 28
Outcome
unknown
Case Type
Application
Bench
Presiding
Mafusire J
Full Bench
Mafusire J
Areas of Law
Arbitration LawCommercial LawMining Law
Keywords
arbitral awardsetting asidepublic policyscope of submissionarbitrationmining contract
Tags
arbitrationcommercial disputemining agreementarbitral award
legislation
Statutes Cited
- Arbitration Act
- Arbitration Act
- Arbitration Act
- Prescription Act
- Reserve Bank of Zimbabwe Act
- Finance (No. 2) Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Did the arbitrator exceed his mandate by deciding matters beyond submission scope?","issue_type":"procedural","dispositive":"no","related_facts":"Penalty calculation method, rehabilitation order, costs apportionment"}
- {"issue_text":"Does the arbitral award violate Zimbabwe's public policy?","issue_type":"law","dispositive":"yes","related_facts":"Prescription ruling, penalty awards, costs allocation"}
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background
Facts of the Case
Background
San He Mining sought to set aside portions of an arbitral award concerning chrome mining and processing agreement disputes with Zimasco, claiming the arbitrator exceeded his mandate and the award violated public policy.
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