International Commercial Arbitration at Zimbabwe
Certainly! Here’s an overview of International Commercial Arbitration in Zimbabwe:
🇿🇼 International Commercial Arbitration in Zimbabwe
1. Legal Framework
Zimbabwe’s arbitration law is primarily governed by the Arbitration Act [Chapter 7:15], which covers both domestic and international arbitration.
The Arbitration Act is largely based on older arbitration principles but has been supplemented by recent reforms to align more closely with international standards.
Zimbabwe is a party to the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, ensuring that foreign arbitral awards can be enforced in Zimbabwe.
2. Arbitral Institutions
Zimbabwe does not have a prominent dedicated arbitration institution.
Arbitration proceedings often take place on an ad hoc basis or under the rules of international bodies such as:
International Chamber of Commerce (ICC)
London Court of International Arbitration (LCIA)
Permanent Court of Arbitration (PCA)
Locally, parties may appoint arbitrators by mutual agreement or through the courts if there is a dispute over appointment.
3. Key Features
Party Autonomy: Parties have the freedom to select arbitrators, agree on procedures, and determine the place and language of arbitration.
Court Assistance: Zimbabwean courts support arbitration by appointing arbitrators (if necessary), granting interim measures, and assisting in the enforcement of awards.
Enforceability: Both domestic and foreign arbitral awards are enforceable in Zimbabwe under the Arbitration Act and the New York Convention.
4. Advantages
Zimbabwe is committed to enforcing arbitration agreements and awards.
Flexible framework allows parties to design arbitration procedures to suit their needs.
The New York Convention membership ensures international enforceability.
5. Challenges
Limited local arbitration institutions and infrastructure.
Some delays or inefficiencies may occur in court processes.
Awareness and use of arbitration may be less developed compared to major commercial hubs.
✅ Summary
Zimbabwe offers a functional arbitration framework with legal provisions supporting international commercial arbitration and enforcement of foreign awards. While institutional arbitration is limited locally, parties often rely on international arbitration centers. Arbitration in Zimbabwe remains a viable dispute resolution mechanism, particularly for parties seeking enforcement within Southern Africa.
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