Townsend Enterprises (PVT) LTD v Sinohydro Zimbabwe (PVT) LTD

HH 143-23

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Case Details

Court

Harare High Court

Date

22 February 2023

Citation

HH 143-23

Neutral Citation

[2023] ZWHH 143

Outcome

unknown

Case Type

Application

Bench

Presiding

CHILIMBE J

Full Bench

CHILIMBE J

Areas of Law

Contract LawArbitration Law

Keywords

Arbitral AwardRegistrationPublic PolicyForce MajeureTurnkey Contract

Key Issues

{"issue_text":"Whether the arbitral award should be set aside on the grounds of public policy.","issue_type":"law","dispositive":"yes","related_facts":"The arbitrator's findings on force majeure and price adjustment."}
{"issue_text":"Whether the arbitral award was obtained by fraud.","issue_type":"fact","dispositive":"yes","related_facts":"Alleged concealment of an email by the applicant."}

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background

Facts of the Case

Background

The applicant (Townsend) and respondent (Sinohydro) entered into a contract for the supply of washed sand. Due to severe weather conditions (El Nino-induced drought and heavy rains), the applicant claimed force majeure and sought a price adjustment. The respondent denied this claim and eventually terminated the contract. The dispute went to arbitration, where the arbitrator ruled in favor of the applicant. The respondent opposed the registration of the award, alleging public policy violations and fraud.

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