Shapton Enterprises (Pvt) Ltd t/a Newbase v Mimosa Mining Company (Pvt) Ltd & Vimbai Nyemba N.O.

HH 132-17

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Case Details

Court

Harare High Court

Date

1 March 2017

Citation

HH 132-17

Neutral Citation

[2017] ZWHH 132

Outcome

unknown

Case Type

Application

Bench

Presiding

Tagu J

Full Bench

Tagu J

Areas of Law

Arbitration lawContract law

Keywords

Setting aside arbitral awardPublic policyContract terminationNotice period

Key Issues

{"issue_text":"Whether the application to set aside the arbitral award was filed within the three-month period prescribed by Article 34(3) of the Model Law","issue_type":"procedural","dispositive":"no","related_facts":"Date of receipt of arbitral award"}
{"issue_text":"Whether the arbitral award should be set aside on public policy grounds","issue_type":"law","dispositive":"yes","related_facts":"Arbitrator's interpretation of contract clauses 7.1 and 10.1"}

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background

Facts of the Case

Background

The applicant and first respondent entered into a Services Agreement in 2009 for a fixed term ending 31 October 2015. The first respondent terminated the agreement in May 2014 under clause 7(1) giving one month's notice. The applicant initially accepted termination but later disputed it, claiming breach of contract. The dispute was referred to arbitration where the arbitrator dismissed the claim. The applicant sought to set aside the arbitral award on public policy grounds.

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