Interim Awards and Measures in Zimbabwe

Article 9 of the Model Law gives the High Court of Zimbabwe jurisdiction before or during arbitral proceedings to grant interim measures of protection upon application by a party to arbitration.

The High Court of Zimbabwe in Northern Farming (Pvt) Ltd v Verga Merchants (Pvt) Ltd & Another 2013 (2) ZLR 343 (H) granted a Mareva Injunction as it is known in English Law, which is also known as an Anti – Dissipation Interdict in Zimbabwe.

In terms of Article 17 of the Model Law, arbitrators have jurisdiction, subject to the parties otherwise agreeing, to issue interim measures of protection in respect of the subject matter of the dispute. The tribunal also has the discretion to require any party to provide appropriate security in connection with such interim measure. The High Court of Zimbabwe in Dominion Trading FZ-LLC v Victoria Foods (Pvt) Ltd 2016 (2) ZLR 911 (H) granted an interim measure of protection securing the amount in dispute.

It is not uncommon for either the courts or arbitrators in Zimbabwe to grant interim measures of protection during the arbitral proceedings. More often interim awards and measures of protection are as follows:

• (a) Order for the preservation, interim custody or sale of any goods which are the subject – matter of the dispute;
• (b) Order securing the amount in dispute;
• (c) Order securing the costs of the arbitral proceedings;
• (d) Order securing the parties to make a deposit in respect of the fees and costs of the arbitration;
• (e) Any other order to ensure that any award which may be made in the arbitral proceedings is not rendered ineffectual.