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Case 322: MAL 8
Zimbabwe: Harare High Court (Judge Smith); Judgment No. HH-249-99
15 December 1999
Zimbabwe Broadcasting Corporation v. Flame Lily Broadcasting (Pvt.) Ltd.
Original in English
Unpublished
The parties had entered into an arbitration agreement providing that all disputes arising out of their contract should be referred to arbitration.
Subsequently, one of the parties claimed in proceedings brought in the High Court payment of a sum of money due under the contract.
When the respondent requested the High Court to stay the proceedings and refer the matter to arbitration under Article 8 MAL, the claimant argued that Article 8 MAL applied only to international commercial cases whereas the present case related to a domestic dispute.
The High Court held that when Zimbabwe adopted the UNCITRAL Model Law under its Arbitration Act 1996, it applied the Model law to both domestic and international matters and moreover to all disputes, not only commercial disputes.
Furthermore, although initially on the papers before the High Court there was no evidence of a dispute, the respondent had subsequently filed a plea from which it was now clear that a dispute did exist.
Accordingly, Article 8 MAL applied and the matter was referred to arbitration.
[Original: English]
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