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Dispute Resolution in Relation to Call-Off Contracts in Zimbabwe

In the event of a dispute in relation to a Call-Off Contract in Zimbabwe, the general rule is for the procuring entity and the service provider (“the Parties”) to engage in informal negotiations to try and resolve the disagreement or dispute which may have arisen between them.

There is no specific statutory provision in terms of the laws of Zimbabwe that provides for the timeframe for resolving disagreements or disputes arising from call-off contracts, however, the norm has been twenty-eight (28) days. Thus, if after 28 days, the parties have failed to resolve their disagreement, differences or disputes arising from a call-off contract by mutual consultation, then either party is entitled to give notice to the other party of its intention to commence arbitration.

A party is precluded from commencing arbitration proceedings arising under a call-off contract in Zimbabwe, where no notice has been given. It is significant to note that arbitral proceedings may be commenced prior to or after delivery of the service under the call-off contract in Zimbabwe. The rules of procedure for the resolution of disputes in relation to call-off contracts in Zimbabwe is generally set out in the FA Specific Provisions.