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Harare High Court
STARAFRICACORPORATION LIMITED versus SIVNET INVESTMENTS (PRIVATE) LIMITED and PORTHILL INVESTMENTS (PRIVATE) LIMITED
HH 178-2011
Case Details
Court
Harare High Court
Date
13 September 2011
Citation
HH 178-2011
Neutral Citation
[2011] ZWHH 178
Outcome
unknown
Case Type
Application
Bench
Presiding
PATEL J
Full Bench
PATEL J
Areas of Law
Arbitration LawCivil Procedure
Keywords
arbitral awardModel LawArticle 34condonationpublic policy
Tags
arbitrationcondonationreview
legislation
Statutes Cited
- Arbitration Act [Chapter 7:15]
- High Court Act [Chapter 7:06]
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether condonation should be granted for late filing of arbitral record","issue_type":"procedural","dispositive":"yes","related_facts":"Record filed 8 days after review application, no prejudice to respondents"}
- {"issue_text":"Whether the main application was properly brought under Article 34 Model Law despite referring to \"review\"","issue_type":"mixed","dispositive":"yes","related_facts":"Application alleged public-policy conflict and gross irregularity; filed within 3 months"}
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background
Facts of the Case
Background
The applicant sought condonation for late filing of the arbitral record in its application to set aside an arbitral award. The respondents opposed, arguing the main review application was a nullity because it was brought under Order 33 instead of Article 34 of the Model Law.
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