Arbitration In Zimbabwe

Zimbabwe is an arbitration friendly jurisdiction which adopted the 1985 UNCITRAL Model Law on International Commercial Arbitration on the 13 th September 1996. The country has not yet adopted the amended Model Law by the Commission of 07 th July 2006.

The legal framework for both domestic and international arbitration is the Arbitration Act [Chapter 7:15] which also gives effect to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (‘New York Convention ‘) in Zimbabwe.

The Arbitration (International Investment Disputes) Act [Chapter 7:03] implements in Zimbabwe the Convention on the Settlement of Investment Disputes between States and Nationals of Others States (‘the Washington Convention).

The Zimbabwean courts recognize arbitration agreements and have recognised and enforced numerous domestic and international arbitration awards since the promulgation of the Arbitration Act [Chapter 7:15] which gave effect to the Model Law in Zimbabwe.

Arbitration Institutions in Zimbabwe

Some of the leading arbitration institutions include the following:

Alternative Dispute Solutions Centre (ADSC)

The Alternative Dispute Solutions Centre (‘ADSC’) in Harare is one of the leading arbitration institutions in Zimbabwe. It was established sometime in 2021. It was established due to increasing trade and designed to offer commercial and non – commercial parties with international best practices. It also offers mediations.

Africa Institute of Mediation and Arbitration

The Africa Institute of Mediation and Arbitration (‘AIMA’) is the second oldest arbitration institution in Zimbabwe. It is a leading arbitration institution in Zimbabwe which was established sometime in 2013. AIMA also offers mediations services.

Commercial Arbitration Centre (CAC)

The CAC is the oldest arbitration Centre in Zimbabwe established in 1996. It is the most commonly used arbitration institution in Zimbabwe.

The ADSC, AIMA and CAC all act as appointing authorities in Zimbabwe. Generally, arbitration disputes in Zimbabwe are ad hoc rather and institutional and the ADSC, AIMA and CAC all maintain diverse panels of highly qualified and experienced arbitrators drawn from diverse backgrounds with many of the panelists also being Associates, Members or Fellows of the Chartered Institute of Arbitrators.

The Zimbabwean Courts and Arbitration

Since the adoption of the Model Law on the 13 th September 1996 the Zimbabwean courts have upheld arbitration agreements and recognised and enforced domestic and international arbitration awards. The first reported decision of the Model Law in Zimbabwe was Walenn Holdings (Pvt) Ltd v Lloyd N.O. & Another 1996 (2) ZLR 383 (H).

The law and practice of commercial and non – commercial arbitration continues to gain momentum in Zimbabwe. The Zimbabwean courts have developed a rich body of jurisprudence on the Model Law, so much so that a number of courts in different jurisdictions have made reference to Zimbabwean cases on arbitration, and relied on them in developing their own jurisprudence.

For instance, the Ghanaian Court of Appeal in GCB Bank Ltd v Jarvis Asiedu & Another [2023] GHACA 38 approved the definition of ‘final and binding’ as adopted by the Zimbabwean Supreme Court in Zimbabwe Educational Scientific, Social and Cultural Workers Union v Welfare Educational Institutions Employer’s Association 2013 (1) ZLR 187 (S).

The South African Labour Court in Mmethi v DNM Investments CC t/a Bloemfontein Celtics Football Club [2011] 3 BLLR 268 (LC) adopted and cited the meaning of the term of ‘stay of proceedings’ in terms of Article 8 of the Model as determined by the Zimbabwean courts in the following decisions, Cargill Zimbabwe v Culvenham Trading (Pvt) Ltd 2006 (1) ZLR 381 (H); Thornton v McKenzie & Others [2006] JOL 18561 (ZH) and Shell Zimbabwe (Pty) Ltd v Zimsa (Pvt) Ltd [2008] JOL 21589 (ZH).

The High Court of Zambia in Fratelli Locci Sri Estrazion Minerarie v Road Development Agency [2017] ZMHC 184, NHA-MKP Estate Development Ltd v Workers Compensation Fund Control Board [2018] ZMCA 400 and Dawiq Keren Motors Joint Venture Ltd v Road Development Agency [2021] ZMHC 105 adopted the definition of ‘public policy’ as it is applied in Zimbabwe.

The Supreme Court of Zambia in Zambia Revenue Authority v Tiger Ltd & Another SCZ No. 11 of 2016 and Tiger Ltd v Engen Petroleum (Z) Ltd (2019) ZMSC 22 adopted the definition of ‘public policy’ with regards Article 34 of the Model Law from the leading Zimbabwean case of Zimbabwe Electricity Supply Authority v Maposa 1999 (2) ZLR 452 (S).

Key Books on Arbitration in Zimbabwe

A substantial number of peer review journals and book chapters have been published both locally, regionally and internationally on arbitration in Zimbabwe. However, the key books on arbitration include the following:

• (a) Davison Kanokanga, Commercial Arbitration in Zimbabwe (Juta & Co, Cape Town, 2020).
• (b) Davison Kanokanga & Prince Kanokanga, UNCITRAL Model Law on International Commercial Arbitration in Zimbabwe: A Commentary on the Zimbabwean Arbitration Act [Chapter 7:15] (Juta & Co, Cape Town, 2022).

The Midlands State University Law Review (MSU Law Review) published a special issue on arbitration. The MSU Law Review: The Arbitration Act [Chapter 7:15] Enduring Legacy Special Issue also deals with issues on the nature and scope of consumer arbitration, investor state arbitration, evidentiary jurisdiction of the courts and selected case law on arbitral awards. The official citation is (2022) Midlands State University Law Review Special Issue.