{
  "id": "zw-1995-16",
  "type": "statute",
  "title": "Arbitration (International Investment Disputes) Act",
  "title_en": "Arbitration (International Investment Disputes) Act",
  "short_name": "zw-1995-16",
  "status": "in_force",
  "issued_date": "1995-01-01",
  "in_force_date": "1995-01-01",
  "url": "https://zimlii.org/akn/zw/act/1995/16/eng@2016-12-31",
  "provisions": [
    {
      "provision_ref": "s1",
      "section": "1",
      "title": "Short title",
      "content": "1. Short title This Act may be cited as the Arbitration (International Investment Disputes) Act [Chapter 7:03] ."
    },
    {
      "provision_ref": "s2",
      "section": "2",
      "title": "Interpretation",
      "content": "2. Interpretation In this Act— “ award ” includes— (a) an award rendered pursuant to the Convention ; and (b) any decision pursuant to the Convention interpreting, revising or annulling an award referred to in paragraph (a); and (c) any decision as to costs which under the Convention is to form part of an award referred to in paragraph (a); “ Centre ” means the International Centre for Settlement of Investment Disputes established by Article 1 of the Convention ; “ Contracting State ” means a State or territory— (a) which has ratified or acceded to the Convention ; or (b) to which the Convention applies by virtue of Article 70 thereof; “ Convention ” means the Convention on the Settlement of Investment Disputes between States and Nationals of Other States, the text of which is set out in the Schedule and which— (a) was opened for signature at Washington on the 18th March, 1965; (b) was ratified by Zimbabwe on the 20th May, 1994; and (c) entered into force for Zimbabwe on the 19th June, 1994; “ Minister ” means the Minister of Justice, Legal and Parliamentary Affairs or any other Minister to whom the President may, from time to time, assign the administration of this Act; “ registered ”, in relation to an award , means registered under section four; “ Tribunal ” means an Arbitral Tribunal referred to in paragraph (1) of Article 37 of the Convention ."
    },
    {
      "provision_ref": "s3",
      "section": "3",
      "title": "Notification of States",
      "content": "3. Notification of States The Minister may by statutory instrument give notification that a State or territory is a Contracting State for the purposes of this Act."
    },
    {
      "provision_ref": "s4",
      "section": "4",
      "title": "Registration of awards",
      "content": "4. Registration of awards (1) Subject to this section and any rules of court, the High Court shall register an award on the application of any person who seeks the recognition and enforcement of the award . (2) A person applying for the registration of an award under subsection (1) shall file with his application a copy of the award concerned, certified by the Secretary-General of the Centre . (3) An award may be registered for the reasonable costs of and incidental to registration, including the cost of obtaining a certified copy of the award , in addition to any other amount payable under the award . (4) If at the date of the application for registration the award has been partly satisfied, the award may be registered in respect of the balance remaining at that date."
    },
    {
      "provision_ref": "s5",
      "section": "5",
      "title": "Effect of registration",
      "content": "5. Effect of registration (1) Subject to subsection (2)— (a) a registered award shall be of the same effect for the purposes of execution; and (b) proceedings may be taken on a registered award ; and (c) the sum for which an award is registered shall bear interest; and (d) the High Court shall have the same control over the execution of a registered award ; as if the registered award were a judgment of the High Court. (2) A registered award shall have the same effect as a final judgment of the High Court in barring further proceedings between the parties to the award in relation to the issues determined by the Tribunal in the award ."
    },
    {
      "provision_ref": "s6",
      "section": "6",
      "title": "Awards not judicially enforceable unless registered",
      "content": "6. Awards not judicially enforceable unless registered No court shall entertain any proceedings for— (a) the recovery of any amount payable under an award; or (b) the enforcement of any obligation imposed by an award; unless the award is registered."
    },
    {
      "provision_ref": "s7",
      "section": "7",
      "title": "Stay of court proceedings where matter within jurisdiction of Centre",
      "content": "7. Stay of court proceedings where matter within jurisdiction of Centre If any proceedings are instituted in any court in regard to any matter which, under the Convention , is required to be submitted to the Centre for conciliation or arbitration, any party to the proceedings may apply to the court to stay the proceedings, and the court, unless satisfied that the matter is not required to be submitted to the Centre under the Convention , shall make an order staying the proceedings."
    },
    {
      "provision_ref": "s8",
      "section": "8",
      "title": "Privilege of statements, reports, etc., made in conciliation proceedings",
      "content": "8. Privilege of statements, reports, etc., made in conciliation proceedings Notwithstanding any other law, no party to any conciliation proceedings under Chapter III of the Convention shall be entitled, in subsequent proceedings before any court, arbitrator or tribunal, to adduce evidence of— (a) any offer, admission or statement made in the course of those conciliation proceedings by or on behalf of any other party to the conciliation proceedings; or (b) any report prepared or recommendation made by the Conciliation Commission for the purpose of those conciliation proceedings; unless the other party to the conciliation proceedings has agreed to the adduction of that evidence."
    },
    {
      "provision_ref": "s9",
      "section": "9",
      "title": "Status, immunities and privileges conferred by Convention",
      "content": "9. Status, immunities and privileges conferred by Convention (1) Articles 18 to 24 of the Convention , governing the status, immunities and privileges of the Centre and of members of its Council and Secretariat and of persons concerned with conciliation or arbitration under the Convention , shall have the force of law in Zimbabwe. (2) Notwithstanding subsection (1), nothing contained in paragraph (1) of Article 24 of the Convention shall be construed as— (a) entitling the Centre or its personnel to import goods free of customs duty without any restriction on their subsequent sale in Zimbabwe; or (b) conferring on the Centre or its personnel any exemption from duties or taxes which form part of the price of goods sold; or (c) conferring on the Centre or its personnel any exemption from duties or taxes which are no more than charges for services rendered. (3) For the purposes of Articles 20 and 21 of the Convention , a statement to the effect that the Centre has waived an immunity in the circumstances specified in the statement, being a statement certified by the Secretary-General of the Centre or by a person acting as Secretary-General, shall be conclusive evidence of such waiver."
    },
    {
      "provision_ref": "s10",
      "section": "10",
      "title": "Act to bind State",
      "content": "10. Act to bind State (1) This Act shall bind the State but not so as to make an award enforceable in a manner in which a judgment is otherwise not enforceable against the State. (2) For the avoidance of doubt, nothing contained in this Act or in the Convention shall be construed as derogating from the law in force in Zimbabwe relating to the immunity of the State or of any foreign State from execution."
    },
    {
      "provision_ref": "s11",
      "section": "11",
      "title": "Government contribution to expenses under Convention",
      "content": "11. Government contribution to expenses under Convention Any obligations of the Government of Zimbabwe arising under Article 17 of the Convention , which obliges Contracting States to meet any deficit of the Centre , shall be met from moneys appropriated for the purpose by Act of Parliament. Schedule (Section 2) Convention on the Settlement of Investment Disputes between States and Nationals of other States Preamble The Contracting States— Considering the need for international co-operation for economic development, and the role of private international investment therein; Bearing in mind the possibility that from time to time disputes may arise in connection with such investment between Contracting States; Recognizing that while such disputes would usually be subject to national legal process, international methods of settlement may be appropriate in certain cases; Attaching particular importance to the availability of facilities for international conciliation or arbitration to which Contracting States and nationals of other Contracting States may submit disputes if they so desire; Desiring to establish such facilities under the auspices of the International Bank for Reconstruction and Development; Recognizing that mutual consent by the parties to submit such disputes to conciliation or to arbitration through such facilities constitutes a binding agreement which requires in particular that due consideration be given to any recommendation of conciliators, and that any arbitral award be complied with; and Declaring that no Contracting State shall by the mere fact of its ratification, acceptance or approval of this Convention and without its consent be deemed to be under any obligation to submit any particular dispute to conciliation or arbitration. Have agreed as follows: Chapter I International Centre for Settlement of Investment Disputes Section I - Establishment and organization Article 1 – Establishment of Centre (1) There is hereby established the International Centre for Settlement of Investment Disputes (hereinafter called the Centre). (2) The purpose of the Centre shall be to provide facilities for conciliation and arbitration of investment disputes between Contracting States and nationals of other Contracting States in accordance with the provisions of this Convention. Article 2 – Seat of Centre The seat of the Centre shall be at the principal office of the International Bank for Reconstruction and Development (hereinafter called the Bank). The seat may be moved to another place by decision of the Administrative Council adopted by a majority of two-thirds of its members. Article 3 – Duties of Centre The Centre shall have an Administrative Council and a Secretariat and shall maintain a Panel of Conciliators and a panel of Arbitrators. Section 2 - The Administrative Council Article 4 – Constitution of Administrative Council (1) The Administrative Council shall be composed of one representative of each Contracting State. An alternate may act as representative in case of his principal’s absence from a meeting or inability to act. (2) In the absence of a contrary designation, each governor and alternate governor of the Bank appointed by a Contracting State shall be ex officio its representative and its alternate respectively. Article 5 – Constitution of Administrative Council The President of the Bank shall be ex officio Chairman of the Administrative Council (hereinafter called the Chairman) but shall have no vote. During his absence or inability to act and during any vacancy in the office of President of the Bank, the person for the time being acting as President shall act as Chairman of the Administrative Council. Article 6 – Functions of Administrative Council (1) Without prejudice to the powers and functions vested in it by other provisions of the Convention, the Administrative Council shall— (a) adopt the administrative and financial regulations of the Centre; (b) adopt the rules of procedure for the institution of conciliation and arbitration proceedings; (c) adopt the rules of procedure for conciliation and arbitration proceedings (hereinafter called the Conciliation Rules and the Arbitration Rules); (d) approve arrangements with the Bank for the use of the Bank’s administrative facilities and services; (e) determine the conditions of service of the Secretary-General and of any Deputy Secretary-General; (f) adopt the annual budget of revenues and expenditures of the Centre; (g) approve the annual report on the operation of the Centre. The decisions referred to in subparagraphs (a), (b), (c) and (f) above shall be adopted by a majority of two-thirds of the members of the Administrative Council. (2) The Administrative Council may appoint such committees as it considers necessary. (3) The Administrative Council shall also exercise such powers and perform such other functions as it shall determine to be necessary for the implementation of the provisions of this Convention. Article 7 – Meetings of Administrative Council (1) The Administrative Council shall hold an annual meeting and such other meetings as may be determined by the Council, or convened by the Chairman, or convened by the Secretary-General at the request of not less than five members of the Council. (2) Each member of the Administrative Council shall have one vote and, except as otherwise herein provided, all matters before the Council shall be decided by a majority of the votes cast. (3) The quorum for any meeting of the Administrative Council shall be a majority of its members. (4) The Administrative Council may establish, by a majority of two-thirds of its members, a procedure whereby the chairman may seek a vote of the Council without convening a meeting of the Council. The vote shall be considered valid only if the majority of the members of the Council cast their votes within the time limit fixed by the said procedure. Article 8 – Members of Administrative Council not to be remunerated Members of the Administrative Council and the Chairman shall serve without remuneration from the Centre. Section 3 - The Secretariat Article 9 – Composition of Secretariat The Secretariat shall consist of a Secretary-General, one or more Deputy Secretaries-General and staff. Article 10 – Appointment and conditions of office of Secretary-General and Deputy Secretaries-General (1) The Secretary-General and any Deputy Secretary-General shall be elected by the Administrative Council by a majority of two-thirds of its members upon the nomination of the Chairman for a term of service not exceeding six years and shall be eligible for re-election. After consulting the members of the Administrative Council, the Chairman shall propose one or more candidates for each such office. (2) The offices of Secretary-General and Deputy Secretary-General shall be incompatible with the exercise of any political function. Neither the Secretary-General nor any Deputy Secretary-General may hold any other employment or engage in any other occupation except with the approval of the Administrative Council. (3) During the Secretary-General’s absence or inability to act, and during any vacancy of the office of Secretary-General, the Deputy Secretary-General shall act as Secretary-General. If there shall be more than one Deputy Secretary-General, the Administrative Council shall determine in advance the order in which they shall act as Secretary-General. Article 11 – Functions of Secretary-General The Secretary-General shall be the legal representative and the principal officer of the Centre and shall be responsible for its administration, including the appointment of staff, in accordance with the provisions of this Convention and the rules adopted by the Administrative Council. He shall perform the function of registrar and shall have the power to authenticate arbitral awards rendered pursuant to this Convention, and to certify copies thereof. Section 4 - The Panels Article 12 – Constitution of Panel of Conciliators and "
    }
  ],
  "definitions": [
    {
      "term": "Centre",
      "definition": "Centre ” means the International Centre for Settlement of Investment Disputes established by Article 1 of the Convention",
      "source_provision": "s2"
    },
    {
      "term": "Minister",
      "definition": "Minister ” means the Minister of Justice, Legal and Parliamentary Affairs or any other Minister to whom the President may, from time to time, assign the administration of this Act",
      "source_provision": "s2"
    },
    {
      "term": "registered",
      "definition": "registered ”, in relation to an award , means registered under section four",
      "source_provision": "s2"
    },
    {
      "term": "award",
      "definition": "award ” includes— (a) an award rendered pursuant to the Convention ; and (b) any decision pursuant to the Convention interpreting, revising or annulling an award referred to in paragraph (a); and (c) any decision as to costs which under the Convention is to form part of an award referred to in paragraph (a)",
      "source_provision": "s2"
    },
    {
      "term": "Contracting State",
      "definition": "Contracting State ” means a State or territory— (a) which has ratified or acceded to the Convention ; or (b) to which the Convention applies by virtue of Article 70 thereof",
      "source_provision": "s2"
    },
    {
      "term": "Convention",
      "definition": "Convention ” means the Convention on the Settlement of Investment Disputes between States and Nationals of Other States, the text of which is set out in the Schedule and which— (a) was opened for signature at Washington on the 18th March, 1965; (b) was ratified by Zimbabwe on the 20th May, 1994; and (c) entered into force for Zimbabwe on the 19th June, 1994",
      "source_provision": "s2"
    }
  ]
}