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Framework Agreement Specific Provisions on Arbitration Proceedings in Zimbabwe

Essentially, all public procurement contracts in Zimbabwe have a dispute resolution clause. Arbitration proceedings under public procurement contracts are usually conducted in accordance with the rules of procedure which would be set out in the Framework Agreement Specific Provisions (“FA Specific Provisions”).

For public procurement contracts entered into with international service providers, the Procurement Regulatory Authority of Zimbabwe (‘PRAZ’) has recommended the use of international commercial arbitration as a means of resolving disputes.

Arbitral proceedings in Zimbabwe are typically conducted in accordance with the rules of procedure set out in the FA Specific Provisions. For international disputes, the FA Specific Provisions in Zimbabwe generally provide that the rules of procedure for international disputes shall be conducted as follows:

(a) In accordance with the UNCITRAL Arbitration Rules; or

(b) In accordance with the Rules of Conciliation and Arbitration of the International Chamber of Commerce; or

(c) In accordance with the Rules of the London Court of International Arbitration; and

(d) In accordance with the Rules of the Arbitration Institute of the Stockholm Chamber of Commerce.

Where a dispute is between a procuring entity and a local registered Zimbabwean company, PRAZ recommends the use of arbitration in accordance with the Arbitration Act [Chapter 7:15] which adopted the UNCITRAL Model Law on International Commercial Arbitration.

A typical public procurement arbitration clause in Zimbabwe would read as follows:

“In the case of a dispute between the Purchaser and a Service Provider who is a national of the Purchaser’s country, the dispute shall be referred to arbitration in accordance with the laws of Zimbabwe.

The place of arbitration shall be Harare, Zimbabwe.”