Tendai v Econet Wireless (Pvt) Ltd. (HC 8898 of 2015; HH 97 of 2016) [2016] ZWHHC 97 (3 February 2016)

Tendai v Econet Wireless (Pvt) Ltd. (HC 8898 of 2015; HH 97 of 2016) [2016] ZWHHC 97 (3 February 2016)

The arbitral award was properly quantified and the arbitrator had jurisdiction to proceed in the absence of a formal and substantiated application for recusal. The pending appeal and application for stay did not suspend the arbitration process or the award. The applicant is entitled to registration of the award as an order of the High Court.

Citation
[2016] ZWHHC 97
Parties
Applicant: Regina Tendai; Respondent: Econet Wireless (Pvt) Ltd
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
3 February 2016
Case Number
HC 8898 of 2015 ; HH 97 of 2016
Procedural Posture
Opposed Application / Ruling on Application for Registration of Arbitral Award
Outcome
Application granted
Legal Topics
Registration of Arbitral Awards, Recusal of Arbitrator, Jurisdiction of Arbitrator, Labour Disputes, Stay of Execution
Source Language
English
Labour Law Arbitration Registration of Arbitral Awards Recusal of Arbitrator Jurisdiction of Arbitrator Labour Disputes Stay of Execution

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Parties

Regina Tendai

Applicant

Econet Wireless (Pvt) Ltd

Respondent

Procedural Posture

Opposed Application / Ruling on Application for Registration of Arbitral Award

Legal Issues

  1. 1 Whether the arbitral award can be registered as an order of the High Court
  2. 2 Whether the arbitrator had jurisdiction to proceed with quantification after a recusal request
  3. 3 Effect of appeal and stay application on arbitration proceedings

Ratio Decidendi

The arbitral award was properly quantified and the arbitrator had jurisdiction to proceed in the absence of a formal and substantiated application for recusal. The pending appeal and application for stay did not suspend the arbitration process or the award. The applicant is entitled to registration of the award as an order of the High Court.

Court Disposition

Application granted

Orders

  • The arbitral award granted by Arbitrator J. Mambara on 8th September 2015 is registered as an order of the High Court of Zimbabwe.
  • The respondent shall pay costs of suit.