Zimbabwe Posts (Pvt) Ltd v Communication and Allied Services Workers Union of Zimbabwe

HH 262-2010

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Case Details

Court

Harare High Court

Date

1 December 2010

Citation

HH 262-2010

Neutral Citation

[2010] ZWHH 262

Outcome

unknown

Case Type

Application

Bench

Presiding

Mutema J

Full Bench

Mutema J

Areas of Law

Arbitration LawCivil ProcedureAdministrative Law

Keywords

Arbitral awardSetting asideReview procedureOrder 32Order 33Model LawPublic policy

Key Issues

{"issue_text":"Whether the application was properly brought and whether the court should condone the procedural irregularities under Rule 4C(a)","issue_type":"procedural","dispositive":"yes","related_facts":"Multiple procedural defects including wrong form, failure to cite arbitrator, late filing, lack of draft order and index"}
{"issue_text":"Whether the High Court has review jurisdiction over arbitration proceedings","issue_type":"law","dispositive":"yes","related_facts":"The application was brought as a review under Order 33"}
{"issue_text":"Whether the application should be treated as one under Article 34 of the Model Law","issue_type":"law","dispositive":"yes","related_facts":"The applicant changed its position in Heads of Argument to claim it was an Article 34 application"}

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background

Facts of the Case

Background

The applicant sought to set aside an arbitral award made by Mr Mordecai P. Mahlangu on 23 February 2010. The application was procedurally defective in multiple respects, including being brought as a review application instead of under Article 34 of the Model Law, failing to cite the arbitrator, and being filed outside the statutory period.

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