{
  "id": "zw-arbitration-act",
  "type": "statute",
  "title": "Arbitration Act",
  "title_en": "Arbitration Act",
  "short_name": "Arbitration Act",
  "status": "in_force",
  "issued_date": "",
  "in_force_date": "",
  "url": "https://zimlii.org/akn/zw/act/1996/6/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 Act [Chapter 7:15] ."
    },
    {
      "provision_ref": "s2",
      "section": "2",
      "title": "Interpretation",
      "content": "2. Interpretation (1) In this Act— “ 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; “ Model Law ” means the Model Law on International Commercial Arbitration adopted by the United Nations Commission on International Trade Law on the 21st June, 1985, which is set out, with modifications, in the Schedule. (2) Any expression to which a meaning has been assigned in the Model Law shall bear the same meaning when used in this Act. (3) The material to which an arbitral tribunal or a court may refer in interpreting this Act includes the documents relating to the Model Law and originating from the United Nations Commission on International Trade Law, or its working group for the preparation of the Model Law , that is to say the travaux préparatoires to the Model Law , and, in interpreting the Model Law , regard shall be had to its international origin and to the desirability of achieving international uniformity in its interpretation and application."
    },
    {
      "provision_ref": "s3",
      "section": "3",
      "title": "Law applicable to arbitrations",
      "content": "3. Law applicable to arbitrations (1) Subject to sections four and five, where the place of an arbitration is in Zimbabwe, this Act and the Model Law , as modified by this Act, shall apply to the arbitration. (2) Subject to sections four and five, where the place of an arbitration is not in Zimbabwe, articles 8, 9, 35 and 36 of the Model Law , as modified by this Act, shall apply to the arbitration."
    },
    {
      "provision_ref": "s4",
      "section": "4",
      "title": "What may be arbitrated",
      "content": "4. What may be arbitrated (1) Subject to this section, any dispute which the parties have agreed to submit to arbitration may be determined by arbitration. (2) The following matters shall not be capable of determination by arbitration— (a) an agreement that is contrary to public policy; or (b) a dispute which, in terms of any law, may not be determined by arbitration; or (c) a criminal case; or (d) a matrimonial cause or a matter relating to status, unless the High Court gives leave for it to be determined by arbitration; or (e) a matter affecting the interests of a minor or an individual under a legal disability, unless the High Court gives leave for it to be determined by arbitration; or (f) a matter concerning a consumer contract as defined in the Consumer Contracts Act [Chapter 8:03] , unless the consumer has by separate agreement agreed thereto. (3) The fact that an enactment confers jurisdiction on a court or other tribunal to determine any matter shall not, on that ground alone, be construed as preventing the matter from being determined by arbitration."
    },
    {
      "provision_ref": "s5",
      "section": "5",
      "title": "Application of Act to arbitration under other enactments",
      "content": "5. Application of Act to arbitration under other enactments (1) Subject to subsection (2), where an enactment requires any matter to be determined by an arbitrator or by arbitration in accordance with any law relating to arbitration, such requirement shall be deemed to be an arbitration agreement for the purposes of this Act. (2) Where an enactment provides for the determination of any matter by arbitration, the provisions of that enactment, to the extent that they are inconsistent with this Act, shall prevail."
    },
    {
      "provision_ref": "s6",
      "section": "6",
      "title": "Repealed Act and transitional provisions",
      "content": "6. Repealed Act and transitional provisions (1) Subject to this section, the Arbitration Act [Chapter 7:02] is repealed. (2) This Act shall apply to every arbitration agreement, whether made before, on or after the 13th September, 1996, and any reference in any such agreement to the Arbitration Act [Chapter 7:02] shall be construed as a reference to this Act: Provided that, where arbitral proceedings were commenced in terms of the Arbitration Act [Chapter 7:02] , they may be continued and completed in terms of that Act which shall, for such purpose, be deemed to continue in operation. (3) For the purposes of this section, arbitral proceedings shall be deemed to have commenced on the date the parties have agreed they commenced or, failing such agreement, on the date of receipt by the respondent of a request for the dispute to be referred to arbitration. (4) This Act shall apply to every arbitral award whether made before, on or after the 13th September, 1996. Schedule (Section 2) Model Law [This Schedule contains the United Nations Commission on International Trade Law (UNCITRAL) Model Law, with modifications. The modifications appear in italics.] Chapter I General provisions Article I – Scope of application (1) This Model Law applies as provided in sections 3 and 4 of the Act. (2) (deleted: appears in section 3 of the Act). (3) (deleted). (4) (deleted). (5) (deleted: appears in section 4 (3) of the Act). Article 2 – Definitions and rules of interpretation For the purposes of this Model Law— (a) “arbitration” means any arbitration whether or not administered by a permanent arbitral institution; (b) “arbitral tribunal” means a sole arbitrator or a panel of arbitrators; (c) “court” means a body or organ of the judicial system of a State; (d) where a provision of this Model Law, except article 28, leaves the parties free to determine a certain issue, such freedom includes the right of the parties to authorise a third party, including an institution, to make that determination; (e) where a provision of the Model Law refers to the fact that the parties have agreed or that they may agree or in any other way refers to an agreement of the parties, such agreement includes any arbitration rules referred to in that agreement; (f) where a provision of this Model Law, other than in articles 25(a) and 32(2)(a), refers to a claim, it also applies to a counter-claim, and where it refers to a defence, it also applies to a defence to such counter-claim. Article 3 – Receipt of written communications (1) Unless otherwise agreed by the parties— (a) any written communication is deemed to have been received if it is delivered to the addressee personally or if it is delivered at his place of business, habitual residence or mailing address; if none of these can be found after making a reasonable inquiry, a written communication is deemed to have been received if it is sent to the addressee’s last know place of business, habitual residence or mailing address by registered letter or any other means which provides a record of the attempt to deliver it; (b) the communication is deemed to have been received on the day it is so delivered. (2) The provisions of this article do not apply to communications in court proceedings. Article 4 – Waiver of right to object A party who knows that any provision of this Model Law from which the parties may derogate or any requirement under the arbitration agreement has not been complied with and yet proceeds with the arbitration without stating his objection to such non-compliance without undue delay or, if a time-limit is provided therefor, within such period of time, shall be deemed to have waived the right to object. Article 5 – Extent of court intervention In matters governed by this Model Law, no court shall intervene except where so provided in this Model Law. Article 6 – Court or other authority for certain functions of arbitration assistance and supervision (Deleted) Chapter II Arbitration agreement Article 7 – Definition and form of arbitration agreement (1) “Arbitration agreement” is an agreement by the parties to submit to arbitration all or certain disputes which have arisen or which may arise between them in respect of a defined legal relationship, whether contractual or not. An arbitration agreement may be in the form of an arbitration clause in a contract or in the form of a separate agreement. (2) The arbitration agreement shall be in writing. An agreement is in writing if it is contained in a document signed by the parties or in an exchange of letters, telex, telegrams or other means of telecommunication which provide a record of the agreement, or in an exchange of statements of claim and defence in which the existence of an agreement is alleged by one party and not denied by another. The reference in a contract to a document containing an arbitration clause constitutes an arbitration agreement provided that the contract is in writing and the reference is such as to make that clause part of the contract. Article 8 – Arbitration agreement and substantive claim before court (1) A court before which proceedings are brought in a matter which is the subject of an arbitration agreement shall, if a party so requests not later than when submitting his first statement on the substance of the dispute, stay those proceedings and refer the parties to arbitration unless it finds that the agreement is null and void, inoperative or incapable of being performed. (2) Where proceedings referred to in paragraph (1) of this article have been brought, arbitral proceedings may nevertheless be commenced or continued, and an award may be made, while the issue is pending before the court. Article 9 – Arbitration agreement and interim measures by court (1) It is not incompatible with an arbitration agreement for a party to request, before or during arbitral proceedings, from the High Court an interim measure of protection and, subject to paragraphs (2) and (3) of this article, for the High Court to grant such measure. (2) Upon a request in terms of paragraph (1) of this article, the High Court may grant— (a) an order for the preservation, interim custody or sale of any goods which are the subject-matter of the dispute; or (b) an order securing the amount in dispute or the costs of the arbitral proceedings; or (c) an interdict or other interim order; or (d) any other order to ensure that any award which may be made in the arbitral proceedings is not rendered ineffectual. (3) The High Court shall not grant an order or interdict in terms of paragraph (1) of this article unless— (a) the arbitral tribunal has not yet been appointed and the matter is urgent; or (b) the arbitral tribunal is not competent to grant the order or interdict; or (c) the urgency of the matter makes it impracticable to seek such order or interdict from the arbitral tribunal; and the High Court shall not grant any such order or interdict where the arbitral tribunal, being competent to grant the order or interdict, has determined an application therefor. (4) The decision of the High Court upon any request made in terms of paragraph (1) of this article shall not be subject to appeal. Chapter III Composition of arbitral tribunal Article 10 – Number of arbitrators (1) The parties are free to determine the number of arbitrators. (2) Failing such determination, the number of arbitrators shall be three: Provided that where each party has any one of the following in Zimbabwe— (a) his place of business; or (b) if he has more than one place of business, his principal place of business; or (c) if he has no place of business, his place of habitual residence; the number of arbitrators, failing such determination, shall be one. Article 11 – Appointment of arbitrators (1) No person shall be precluded by reason of his nationality from acting as an arbitrator, unless otherwise agreed by the parties. (2) The parties are free to agree on a procedure of appointing the arbitrator or arbitrators, subject t"
    }
  ],
  "definitions": [
    {
      "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"
    }
  ]
}