Windmill (Pvt) Ltd. v Chaibva (HC 6460 of 2016; HH 111 of 2017) [2017] ZWHHC 111 (22 February 2017)

Windmill (Pvt) Ltd. v Chaibva (HC 6460 of 2016; HH 111 of 2017) [2017] ZWHHC 111 (22 February 2017)

The Arbitrator exceeded his mandate by issuing a quantification of damages after a final award, failed to afford the applicant an opportunity to be heard, and demonstrated lack of impartiality, rendering the award inconsistent with public policy and natural justice. The award must be set aside.

Citation
[2017] ZWHHC 111
Parties
Applicant: Windmill (Private) Limited; Respondent: Gabriel Chaibva
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
22 February 2017
Case Number
HC 6460 of 2016 ; HH 111 of 2017
Procedural Posture
Arbitration Award Challenge / Judgment on Application to Set Aside Arbitral Award
Outcome
Application allowed; arbitral award set aside
Legal Topics
Setting Aside Arbitral Award, Public Policy, Natural Justice, Functus Officio, Impartiality of Arbitrator
Source Language
English
Arbitration Contract Law Setting Aside Arbitral Award Public Policy Natural Justice Functus Officio Impartiality of Arbitrator

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Parties

Windmill (Private) Limited

Applicant

Gabriel Chaibva

Respondent

Procedural Posture

Arbitration Award Challenge / Judgment on Application to Set Aside Arbitral Award

Legal Issues

  1. 1 What were the terms of reference for arbitration?
  2. 2 Was the determination made by the Arbitrator on 14 September 2015 a final award?
  3. 3 Was the Arbitrator impartial in his approach to the award of 10 June 2016?

Ratio Decidendi

The Arbitrator exceeded his mandate by issuing a quantification of damages after a final award, failed to afford the applicant an opportunity to be heard, and demonstrated lack of impartiality, rendering the award inconsistent with public policy and natural justice. The award must be set aside.

Court Disposition

Application allowed; arbitral award set aside

Orders

  • The arbitral award of Mr Chris Molam, commercial arbitrator, dated 10 June 2016 is set aside.
  • The respondent shall pay the costs of this application on the normal scale.