Arbitrator misconduct in Zimbabwe

The Arbitration Act [Chapter 7:15] which governs both compulsory arbitration and voluntary arbitration does not deal with arbitrator misconduct. However, the Labour (Arbitrators) Regulations, 2012 which governs arbitrator conduct in labour matters, deals with arbitrator misconduct.

Section 8 of the Labour (Arbitrators) Regulations, 2012 as read with section 4 of the Labour (Arbitrators) (Amendment) Regulations, 2018 (No. 1) deal with offences and penalties. It however does not define the term misconduct. Be that as it may arbitrator misconduct is generally regarded as denoting irregularity. Therefore, it is an act of misconduct on the part of an arbitrator where he or she:

Practices without a valid Certificate of Appointment;

Fails to maintain or remit records to the Provincial Office;

Fails to maintain return a Certificate of Appointment upon its expiry;

Charges fees in excess of those statutory prescribed;

Fails to abide by the Code of Ethics; and

Fails to issue an award within 45 days unless parties agree to an extension.