ZIMBABWE Law and Practice Contributed by: Prince Kanokanga and Davison Kanokanga, Kanokanga & Partners
1. General 1.1 Prevalence of Arbitration
1.2 Key Industries Given that arbitration proceedings are private and confidential in nature and generally not published in Zimbabwe, it is difficult to determine whether there are any industries that have experienced significant inter - national arbitration activity in recent years. However, a trend indicated by both the reported and unreported judgments of the superior courts in Zimbabwe is that the industries that have experienced the most signifi - cant arbitration activity in recent years include, but are not limited to: • construction and infrastructure; • capital markets; • energy; • joint ventures; • mining; • telecommunications; • transport; and • public procurement. 1.3 Arbitration Institutions The Commercial Arbitration Centre (CAC), established in 1996 in Harare, remains the most popular arbitra - tion institution in Zimbabwe for Zimbabwean parties involved in international arbitration. Other domestic institutions include: • the African Institute of Mediation and Arbitration (AIMA), established in 2013; • the Alternative Dispute Solutions Centre (ADSC), established in 2020;and • the ResolviaADR Association, established in August 2026. In March 2026, the government of Zimbabwe estab - lished the Victoria Falls International Arbitration Centre (VFIAC). It is the first statutorily enacted arbitration institution in Zimbabwe. Moreover, it is the first arbitral institution in Zimbabwe within an international finan - cial services centre. 1.4 National Courts In enacting the Arbitration Act [Chapter 7:15], the leg - islature in Zimbabwe did not designate non-judicial authority with functions of arbitration assistance and supervision. In adopting the Model Law, the legislature designated the High Court of Zimbabwe as the sole
Zimbabwe has a long history of arbitration, which can be traced back to British annexation, occupation and later colonisation. See Commercial Arbitration in Zimbabwe , by Davison Kanokanga (Juta & Co, Cape Town, 2020), pp 7–8. The law and practice of commercial arbitration in Zim - babwe has existed for more than a century. A sig - nificant feature of the current arbitration regime after independence on 18 April 1980 was the adoption of the UNCITRAL Model Law on International Commer - cial Arbitration in Zimbabwe on 13 September 1996. See “25 Years of UNCITRAL Model Law in Zimbabwe” (2022), by Prince Kanokanga, in University of Zimba- bwe Students Law Review , pp 147–187. The adoption of the Model Law in Zimbabwe gave effect to domestic and international arbitration through the enactment of the Arbitration Act [Chapter 7:15], which has resulted in the increased use and prac - tice of arbitration in Zimbabwe by both domestic and international parties. In Zimbabwe, the Model Law applies to both domes - tic and international arbitration and commercial and non-commercial disputes. Domestic parties generally resort to the use of arbitration, which has thus become prevalent and is generally contractually stipulated by parties to both domestic and international transac - tions. The government has also recommended the use of arbitration in many of the statutes that have been enacted, providing for compulsory arbitration. In fact, the Model Law in Zimbabwe is resorted to by domes - tic parties in resolving consumer disputes under the Consumer Protection Act [Chapter 14:14]. See “Con - sumer Arbitration in Zimbabwe: A Road Less Trav - elled” (2022), by Prince Kanokanga, in Midlands State University Law Review Special Issue , pp 8–34. The Model Law also applies to employment and labour disputes pursuant to Section 98 (2) of the Labour Act [Chapter 28:01].
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