ZIMBABWE Law and Practice Contributed by: Prince Kanokanga and Davison Kanokanga, Kanokanga & Partners
designated judicial organ vested with the authority to perform the administrative and adjudicative functions concerning the Model Law in the country. The Commercial Division of the High Court is a spe - cialised court in Zimbabwe. It has jurisdiction to deal with the recognition and enforcement of arbitral awards of a business or commercial nature.
Moreover, where an arbitral tribunal has not yet been appointed and the matter is urgent, under Article 9 (3) (a) of the Model Law as it applies to Zimbabwe, a party can apply to the High Court for interim measures. See Sakunda Energy ( Pvt ) Ltd v Barep Investments ( Pvt ) Ltd 2014 (2) ZLR 847 (H); and Northern Farming ( Pvt ) Ltd v Verga Merchants ( Pvt ) Ltd 2013 (2) ZLR 343. This means that the court is only authorised to intervene in limited instances set out in Article 9 of the Model Law. See Mostamai ( Pvt ) Ltd v Gwanda Rural District Council & Others 2020 (2) ZLR 789 (S). Article 9 (2) of the Model Law, as it applies to Zimba - bwe, enumerates the interim measures that may be granted in Zimbabwe: • an order for the preservation, interim custody or sale of any goods that are the subject matter of the dispute; • an order securing the amount in dispute or the costs of the arbitral proceedings; • an interdict or other interim order; and • any other award to ensure that any award that may be made in the arbitral proceedings is not rendered ineffectual. Under Article 10 (2) of the Model Law, where a party to the arbitral proceedings has no place of business or habitual residence, and there is no agreement as to the number of arbitrators, there should only be one arbitrator. See Twynam Agricultural Group ( Pvt ) Ltd & Others v Tarisiro Mining Investments ( Pvt ) Ltd & Another HH 405–16. Under Article 15 of the Model Law as it applies to Zimbabwe, unless the parties to the dispute agree otherwise, repetition of hearings is mandatory where a substitute arbitrator is appointed. In Zimbabwe, a substitute arbitrator is divested of authority to amend, vary or supplement and earlier decision or award by another arbitrator. See Zesa Holdings ( Pvt ) Ltd v Utah 2018 (1) ZLR 593 (S). Article 19 of the Model Law, as it applies to Zimbabwe, provides that witnesses giving evidence – and every other person appearing before an arbitral tribunal – are granted the same privileges and immunities as
2. Governing Legislation 2.1 Governing Law
The Arbitration Act [Chapter 7:15] gave effect to the UNCITRAL Model Law and governs both domestic and international arbitration in Zimbabwe. The UNCI - TRAL Model Law was adopted with minor modifica - tions. The Arbitration Act [Chapter 7:15] has not been amended to incorporate the 2006 amendments. Sec - tion 2 (3) of the Arbitration Act [Chapter 7:15], which came into effect on 13 September 1996, deals with the international origin and general principles set out in Article 2A of the UNCITRAL Model Law adopted in 2006. In interpreting the Model Law, an arbitral tribu - nal or a court in Zimbabwe is required to have regard to the travaux preparatories to the Model Law, and to the international origin of the Model Law so as to achieve international uniformity in its interpretation and application. See Mtetwa & Another v Mupam- hadzi 2007 (1) ZLR 253 (S). In Riozim Ltd & Another v Maranatha Ferrochrome ( Pvt ) Ltd & Another 2022 (1) ZLR 276 (S), the Supreme Court of Zimbabwe held that arbitral tribunals and courts, in interpreting the Model Law, should be aware of the distinction between provisions that are of inter - national application and the domestic modifications, which are only applicable in Zimbabwe. Article 9 of the Model Law, as it applies to Zimbabwe, sets out a list of interim measures that the High Court can order, including an order securing the amount in dispute or the costs of the arbitral proceedings. See Dominion Trading FZ - LLC v Victoria Foods ( Pvt ) Ltd 2016 (2) ZLR 180 (H).
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