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Registration of a voluntary arbitration award in Zimbabwe

The Model Law on International Commercial Arbitration (‘Model Law’) which was adopted by the United Nations Commission on International Trade Law on 21 June 1985 has the force of law in Zimbabwe. In terms of the Arbitration Act [Chapter 7:15] the Model Law regulates both domestic and international arbitration in Zimbabwe. 

The Labour Act [Chapter 28:01] provides for the use of compulsory and voluntary arbitration. The use of voluntary arbitration in resolving employment and labour disputes in Zimbabwe is regulated by the following provisions:

• Section 23(3) of the Labour Act [Chapter 28:01];

• Section 76(2) of the Labour Act [Chapter 28:01];

• Section 93(5)(b) of the Labour Act [Chapter 28:01]; and 

• Section 101(1c) of the Labour Act [Chapter 28:01]. 

In Zimbabwe, voluntary arbitration proceedings are not subject to appeal or review under the Labour Act [Chapter 28:01]. Voluntary arbitration proceedings in Zimbabwe are governed by the Arbitration Act [Chapter 7:15] which adopted the Model Law. Put differently, voluntary arbitration proceedings are governed by the Model Law and not the Labour Act [Chapter 28:01]. 

The provisions of section 92E of the Labour Act [Chapter 28:01] which provides for appeals to the Labour Court do not apply in respect of voluntary arbitration proceedings. Furthermore, section 92EE of the Labour Act [Chapter 28:01] which provides for review by the Labour Court does not apply to voluntary arbitration proceedings. Similarly, the provisions of section 98(13) and (14) of the Labour Act [Chapter 28:01] which provides for the registration of awards does not apply to voluntary arbitration in Zimbabwe. 

The Supreme Court of Zimbabwe in Matthews v Craster International (Pvt) Ltd 2020 (2) ZLR 1023 (S) held that the registration of a voluntary arbitration award in Zimbabwe is not subject to the Labour Act [Chapter 28:01]. The registration of voluntary arbitration awards in Zimbabwe is regulated by the Model Law / Arbitration Act [Chapter 7:15].