Eligibility of Arbitrators in Zimbabwe

The Arbitration Act [Chapter 7:15] which incorporated the Model Law on International Commercial Arbitration (‘Model Law’) adopted on the 21 st June, 1985 by the United Nations Commission on International Trade Law (‘UNCITRAL’) does not have an eligibility criterion for the appointment of arbitrators in Zimbabwe.

The Model Law in Zimbabwe applies to both domestic and international arbitration. It also applies to commercial and non – commercial arbitration. In terms of Article 11(1) of the Model Law, no person is precluded by reason of his or her nationality from acting as an arbitrator in Zimbabwe, unless otherwise agreed by the parties.

In order to become an arbitrator who handles labour and employment disputes in Zimbabwe, one has to be registered with the Ministry of Public Service, Labour and Social Welfare and hold a Certificate of Appointment. The eligibility of labour arbitrators in Zimbabwe is governed by section 2 of the Labour (Arbitrators) Regulations, 2012 which provides that a labour arbitrator in Zimbabwe should possess the following:

• (a) A minimum education qualification of a university degree with at least two years’ experience in human resources or industrial relations, a diploma in the field of personnel management, conciliation and arbitration, or industrial relations.

There is no general or specific law in Zimbabwe which requires an arbitrator to have any particular qualifications to be eligible for appointment as an arbitrator. The parties can in their agreements provide that an arbitrator have suitable experience to deal with particular matters and / or possess certain qualifications such as associateship or fellowship status with reputable organisations such as the Chartered Institute of Arbitrators (CIArb).

It is common courtesy or practice that an arbitrator should only accept an appointment if he or she possess the qualifications required for the arbitration and has suitable experience in resolving the dispute. An arbitrator should also have knowledge of the industry, trade of business of the parties and knowledge of the practice of arbitration and be able to manage deliberations in the arbitral proceedings and have an appreciation of the law. see Prince Kanokanga, ‘My Experience as a Young Arbitrator: Lessons on Ethics’ (2025) 13 (2) Alternative Dispute Resolution Journal 236 – 259.

The Alternative Dispute Solutions Centre (‘ADSC’), the Africa Institute of Mediation and Arbitration (‘AIMA’) and the Commercial Arbitration Centre (‘CAC’) which are the leading arbitration institutions in Zimbabwe maintain diverse lists or panels of professional and skilled arbitrators.