Arbitration in Zimbabwe: The Arbitration Act and the UNCITRAL Model Law

Arbitration is increasingly the preferred method of dispute resolution for commercial parties in Zimbabwe. The Arbitration Act [Chapter 7:15] is based on the UNCITRAL Model Law and provides a modern framework for both domestic and international arbitration.

However, there are challenges in the Zimbabwean context:

1. The enforcement of arbitral awards against the State and State entities
2. The availability of interim measures from the High Court in support of arbitration
3. The interaction between arbitration and insolvency proceedings
4. The recognition and enforcement of foreign arbitral awards under the New York Convention

I would like to discuss practitioners' experiences with arbitration in Zimbabwe, including:

• The most common procedural challenges
• The approach of the High Court to applications to set aside arbitral awards
• The practical considerations in drafting arbitration clauses for Zimbabwean contracts

I think there is significant scope for the development of a more robust arbitration culture in Zimbabwe, and this platform is a good place to start that conversation.