Procedure of recognition and enforcement of foreign arbitral awards in Zimbabwe

There is no difference concerning the recognition and enforcement of foreign arbitral awards or domestic arbitral awards in Zimbabwe. The High Court of Zimbabwe has jurisdiction in terms of Article 35 of the Model Law to recognize and enforce foreign arbitral awards in Zimbabwe.

The procedure for recognition of an international arbitral award in Zimbabwe involves the filing a chamber application to the High Court. see Lowveld Rhino Trust v Dhlomo - Bhala 2020 (1) ZLR 457 (S).

In terms of Article 5 of the Model law, the High Court of Zimbabwe has limited jurisdiction. Its main function is merely to register the foreign arbitral award in Zimbabwe for purposes of enforcement. It does not exercise appellate or review jurisdiction. The High Court of Zimbabwe in terms of Article 35 of the Model Law will register a foreign arbitral award in Zimbabwe irrespective of the country it is made.

A chamber application for recognition and enforcement of a foreign arbitral award to the High Court of Zimbabwe in terms of Article 35 of the Model Law should be accompanied by the following documents:

• (a) Certified or authenticated copy of the arbitration agreement;
• (b) Certified or authenticated copy of the arbitral award;
• (c) Certified or authenticated copy of the arbitration agreement and award duly translated into English if the arbitration agreement or award is not in English.

In terms of the applicable law in Zimbabwe, the procedure of recognition and enforcement of foreign arbitral awards in Zimbabwe is granted upon its mere presentation, authentication and production of the original arbitration agreement subject to the provisions of Article 36 of the Model Law.

The Supreme Court in Mazambani v International Export Trading Company (Pvt) Ltd & Another 2020 (1) ZLR 1418 (S) 1425G held that:

“On the other hand, in terms of art 35, an arbitral award shall be recognised as binding and, upon application in writing to the High Court, it shall be enforced as an order of that court. Clearly therefore, recognition and enforcement are deliberate judicial acts taken by the High Court upon compliance with the Model Law.

The leading superior court decisions in Zimbabwe concerning Article 35 of the Model Law in include:

• (a) Botha v Gwanda Rural District Council 2018 (1) ZLR 625 (H); and
• (b) Gwanda Rural District Council 2020 (2) ZLR 1164 (S).