Can parties retain legal counsel or be self – represented in arbitration in Zimbabwe?

The UNCITRAL Model Law on International Commercial Arbitration as it applies in Zimbabwe, applies to both commercial and non-commercial arbitration, domestic and international arbitration.

Resultantly, in both commercial and non – commercial arbitration matters in Zimbabwe parties have the discretion to appear in person i.e., to be self-represented or retain legal counsel. In voluntary or compulsory arbitration conducted in terms of the Labour Act [Chapter 28:01], parties involved in arbitration also have the discretion to be represented by an official or employee of a registered trade union or employer’s organisation of which the party is a member.

In terms of Article 24(4) of the Model Law, as it applies to Zimbabwe, at any hearing or meeting of an arbitral tribunal, or in any proceedings conducted on the basis of documents or other materials i.e., a documents only arbitration, parties have the discretion to appear or act in person and may be represented by any other person of their choice. see ZAOGA v Mashonganyika 2018 (2) ZLR 74 (S).

Therefore, Zimbabwe does not have restricted rights of party representation or foreign legal representation in arbitration proceedings seated in Zimbabwe. More often than not a foreign law firm will engage the services of experienced arbitration or legal practitioners in Zimbabwe to assist them in the conduct of arbitration. see Prince Kanokanga & Osasiuwa Edomwande Monyei, ‘Restricted rights of party representation and assistance in arbitration proceedings in the Federation of the Republic of Nigeria: Lessons from Zimbabwe’ (2023) 18 (1) Journal of Arbitration 62 - 71.