Arbitral AwardPublic PolicySetting AsideArchitect FeesModel Law
Tags
ArbitrationConstructionProfessional Fees
legislation
Statutes Cited
Arbitration Act
Arbitration Act
Arbitration Act
Manpower Planning and Development Act
Architects (Conditions of Engagement and Scale of Fees) By-Laws
Architects (Conditions of Engagement and Scale of Fees) By-Laws
Architects (Conditions of Engagement and Scale of Fees) By-Laws
Architects (Conditions of Engagement and Scale of Fees) By-Laws
Architects (Conditions of Engagement and Scale of Fees) By-Laws
Prescription Act
ai analysis
Case Summary
Key Issues
{"issue_text":"Whether the arbitral award is contrary to the public policy of Zimbabwe.","issue_type":"law","dispositive":"yes","related_facts":"The arbitrator's calculation of fees and dismissal of the counterclaim."}
{"issue_text":"Whether the arbitrator erred in dismissing the counterclaim on the basis of prescription.","issue_type":"law","dispositive":"no","related_facts":"The counterclaim for damages and the date the debt arose."}
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background
Facts of the Case
Background
The appellant (ZIMDEF) and respondents (Vengesayi Architects) had a contract for architectural services. The project was suspended and later resumed. A dispute arose over fees, which was referred to arbitration. The arbitrator awarded the architects USD 476,093.92. The High Court registered the award. The appellant appealed, arguing the award was contrary to public policy.
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