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Harare High Court

WAICA REINSURANCE CORPORATION PLC v AMPALT INVESTMENTS (PRIVATE) LIMITED and FORCHEVILLE INVESTMENTS (PRIVATE) LIMITED and TIMILI INVESTMENTS (PRIVATE) LIMITED and SUSAN MUTANGADURA N.O

HH 223-21

Case Details

Court
Harare High Court
Date
5 May 2021
Citation
HH 223-21
Neutral Citation
[2021] ZWHH 223
Outcome
unknown
Case Type
Application

Bench

Presiding
CHIRAWU-MUGOMBA J
Full Bench
CHIRAWU-MUGOMBA J
Areas of Law
Arbitration LawCommercial LawForeign Exchange Regulation
Keywords
Setting aside arbitral awardPublic policyInternational arbitrationSI 33 of 2019United States DollarsRTGS$
Tags
ArbitrationInternational Commercial TransactionForeign CurrencyExchange Control
legislation
Statutes Cited
  • Arbitration Act [Chapter 7:15]
  • Reserve Bank of Zimbabwe Act [Chapter 22:1]
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the arbitral award is contrary to public policy and should be set aside","issue_type":"law","dispositive":"yes","related_facts":"The arbitrator's finding that the transaction is international and payment must be in US Dollars"}
  • {"issue_text":"Whether the arbitration was domestic or international","issue_type":"law","dispositive":"yes","related_facts":"Applicant is foreign entity, respondents are Zimbabwean entities"}
  • {"issue_text":"Whether the balance of purchase price is payable in United States Dollars or RTGS$","issue_type":"law","dispositive":"yes","related_facts":"SI 33 of 2019, nature of transaction"}
  • {"issue_text":"Whether the applicant is entitled to management accounts","issue_type":"law","dispositive":"no","related_facts":"Whether this was a creation of the arbitrator or part of the issues"}
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background
Facts of the Case

Background

The applicant purchased shares from the respondents for a total price of US$914,674, paying US$100,000 initially with the balance to be paid from 50% of uncollected premiums. After the applicant paid RTGS$169,775.45 (purportedly 50% of collected premiums), the respondents rejected this payment, leading to arbitration. The arbitrator found the transaction to be an international commercial contract, ordered payment in United States Dollars, and required the applicant to furnish management accounts.
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