ZIMBABWE Law and Practice Contributed by: Prince Kanokanga and Davison Kanokanga, Kanokanga & Partners
12. Enforcement of an Award 12.1 New York Convention
• award in conflict with public policy; • award was induced or effected by fraud or corrup - tion; • due process; • excess of mandate; • irregular constitution of tribunal; • irregular procedure; and • invalidity of the arbitration agreement. An application to set aside an award in Zimbabwe must be made within three months from the date on which the award was received by the party wishing to have it set aside. See Courtesy Connection ( Pvt ) Ltd & Another v Mupamhadzi 2006 (1) ZLR 479 (H). Section 60 (8) of the Consumer Protection Act [Chapter 14:44], however, provides that any person aggrieved by the decision of the arbitrator may appeal to the High Court within 30 days. 11.2 Excluding/Expanding the Scope of Appeal There is nothing in the Arbitration Act [Chapter 7:15] that precludes parties to international arbitration seat - ed in Zimbabwe from agreeing to a second arbitral tribunal, such as an Award Review Tribunal (ART). In theory, parties and the legislature can enlarge the jurisdiction of the courts to accommodate appeals and reviews. 11.3 Standard of Judicial Review The standard of judicial review in Zimbabwe is gen - erally deferential rather than de novo. The courts in Zimbabwe respect the principle of party autonomy and finality of arbitration. See Zimbabwe Manpower Development Fund v Vengesai & Another 2019 (3) ZLR 1132 (S). The courts will only interfere on the limited grounds set out in Articles 34 and 36 of the Model Law, so as to ensure international uniformity in application of the Model Law, taking into account its international origin. See Pamire & Others v Dumbutshena N . O . & Another 2001 (1) ZLR 123 (H) and Decimel Investments ( Pvt ) Ltd v Arundel Village ( Pvt ) Ltd & Another 2012 (1) ZLR 581 (H).
Zimbabwe is a ratified signatory to the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Award. 12.2 Enforcement Procedure The procedure for enforcing an arbitral award, whether domestic or international, requires a formal applica - tion to the High Court. See Mandikonza & Another v Cutnal Trading ( Pvt ) Ltd & Others 2004 (2) ZLR 340 (H). The application is generally in the form of a chamber application. See Lowveld Rhino Trust v Dhlomo - Bha- la 2020 (1) ZLR 457 (S). The party applying for recognition and enforcement has an obligation to attach the award (if foreign, an authenticated copy) and the arbitration agreement. See Botha v Gwanda Rural District Council 2018 (1) ZLR 652 (H). Where the arbitration agreement or award is in a foreign language, an authenticated sworn The courts in Zimbabwe will generally recognise and enforce an international award as if it were a domestic award. See Transcom Sharaf Mozambique Lda v Man- yame Milling Co ( Pvt ) Ltd 2019 (2) ZLR 102 (H). and Gwanda Rural District Council v Botha 2020 (2) ZLR 1164 (S). Where an application for the setting aside or suspension of an award has been made, the courts in Zimbabwe will generally adjourn the proceedings pending the determination of those proceedings. In a significant number of the decisions in Zimbabwe where the courts had to make pronouncements, many of them had to do so with the public policy defence. The superior courts in Zimbabwe have now com - mented on the meaning of the term of public policy. See Augur Investments OU v Fairclot Investments ( Pvt ) Ltd & Another 2019 (1) ZLR 218 (S) and Zesa Holdings ( Pvt ) Ltd v Clovgate Elevator Co ( Pvt ) Ltd 2020 (1) ZLR 1182 (H). The Supreme Court in Zimbabwe Electricity Supply Authority v Maposa 1999 (2) ZLR 452 (SC) held that decisions of courts under the 1958 New York Conven - translation in English is required. 12.3 Approach of the Courts
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