International Arbitration Comparative Guide

1 Legal framework

1.1 What is the relevant legislation on arbitration in your jurisdiction? Are there any significant limitations on the scope of the statutory regime – for example, does it govern oral arbitration agreements?

The Arbitration Act (Chapter 7:15) governs arbitration in Zimbabwe, along with the UNCITRAL Model Law on International Commercial Arbitration, which is set out, with modifications, in the First Schedule to the act. Article 7(2) of the Model Law provides that arbitration agreements must be in writing. It does not govern oral arbitration agreements. Other limitations are set out in Section 4 of the act, which provides that the following will not be subject to arbitration:

• agreements that are contrary to public policy;
• disputes which, in terms of any law, may not be determined by arbitration;
• criminal cases;
• matrimonial causes or matters relating to status, unless the High Court gives leave for these to be determined by arbitration;
• matters 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; and
• matters concerning consumer contracts as defined in the Consumer Contracts Act (Chapter 8:03), unless the consumer has agreed thereto by separate agreement.

1.2 Does this legislation differentiate between domestic arbitration and international arbitration? If so, how is each defined?

The Arbitration Act does not differentiate between domestic arbitration and international arbitration. The preamble provides that the act gives effect to domestic and international arbitration agreements but does not differentiate between the two.

1.3 Is the arbitration legislation in your jurisdiction based on the UNCITRAL Model Law on International Commercial Arbitration?

Yes. The schedule to the Arbitration Act is based on the UNCITRAL Model Law on International Commercial Arbitration.

1.4 Are all provisions of the legislation in your jurisdiction mandatory?

Yes. If the parties decide to go through the route of arbitration, they must follow the provisions of the Arbitration Act.

1.5 Are there any current plans to amend the arbitration legislation in your jurisdiction?

There are currently no plans to amend the Arbitration Act.

1.6 Is your jurisdiction a signatory to the New York Convention? If so, have any reservations been made?

Yes, Zimbabwe is a signatory, without reservations.

1.7 Is your jurisdiction a signatory to any other treaties relevant to arbitration?

Yes, Zimbabwe is a signatory to the Washington Convention on the Settlement of Investment Disputes between States and Nationals of Other States (1965).

2 Arbitrability and restrictions on arbitration

2.1 How is it determined whether a dispute is arbitrable in your jurisdiction?

Any dispute which the parties have agreed to submit to arbitration may be determined by arbitration, as long as it does not fall within the restrictions under Section 4(2) of the Arbitration Act. Whether a matter is arbitrable is established by reference to the parties' agreement to ascertain whether the parties agreed to submit the matter to arbitration.

2.2 Are there any restrictions on the choice of seat of arbitration for certain disputes?

There are no restrictions on the choice of seat. The parties can agree on the seat; otherwise, the tribunal can decide in terms of Article 20 of the UNICTRAL Model Law.

3 Arbitration agreement

3.1 What are the validity requirements for an arbitration agreement in your jurisdiction?

An arbitration agreement should be in writing as provided for by Article 7(2) of the Model Law. An arbitration agreement is considered to be in writing if it is contained:

• in a document signed by the parties;
• in an exchange of letters, telex, telegrams or other means of telecommunication which provide a record of the agreement;
• in an exchange of statements of claim and defence in which the existence of the agreement is alleged by one party and not denied by another; or
• by reference to a written contract where the reference makes the clause part of the contract.

3.2 Are there any provisions of legislation or any other legal sources in your jurisdiction concerning the separability of arbitration agreements?

The separability of arbitration agreements is provided for in Article 16 of the Model Law, which states that:

3.3 Are there provisions on the seat and/or language of the arbitration if there is no agreement between the parties?

Article 20(1) of the UNCITRAL Model Law provides that, failing agreement between the parties, the arbitral tribunal will determine the place of arbitration, having regard to the circumstances of the case, including the convenience of the parties. Article 22 also provides for the tribunal to:

• choose the language to be used in proceedings where the parties do not agree; and
• order that any documentary evidence be accompanied by a translation into the language determined by the arbitral tribunal.

4 Objections to jurisdiction

4.1 When must a party raise an objection to the jurisdiction of the tribunal and how can this objection be raised?

A party raising an objection to the jurisdiction of a tribunal must raise it by no later than submission of the statement of defence. The objection is raised as a plea in terms of Article 16(2) of the UNICTRAL Model Law. In Zimbabwe Cricket v Harare Sports Club (SC 27/22), the Supreme Court took the position that where a party raises the issue of an arbitrator's jurisdiction and the arbitrator holds that they have jurisdiction, the party must seek to have that decision reviewed by the High Court; otherwise, they are deemed to have agreed to the arbitrator's ruling on jurisdiction.

4.2 Can a tribunal rule on its own jurisdiction?

Yes. A tribunal:

• can rule on its own jurisdiction in terms of Article 16(3) of the UNICTRAL Model Law; and
• should normally rule on its jurisdiction before it delves into the merits of the matter, if its jurisdiction is challenged.

4.3 Can a party apply to the courts of the seat for a ruling on the jurisdiction of the tribunal? In what circumstances?

Yes, a party can apply to the High Court for a ruling on the jurisdiction of a tribunal. Where a tribunal makes a preliminary ruling on an objection to its jurisdiction before dealing with the merits, a party can, within 30 days of having notice of the ruling, apply to the High Court for a ruling on the tribunal's jurisdiction. However, where the tribunal issues an award incorporating the issue of jurisdiction, the party will have to apply for the award to be set aside. See the Supreme Court case of RioZim Limited v Maranatha Ferrochrome (Pvt) Ltd (SC30/22), in which the Supreme Court distinguished between an interim ruling such as a decision on a special plea of jurisdiction and a final award in noting that a ruling can be reviewed but an award is either set aside or confirmed.

5 The parties

5.1 Are there any restrictions on who can be a party to an arbitration agreement?

The Arbitration Act is silent on this aspect. However, to enter into an arbitration agreement, as with any other contract, one must have the legal capacity to do so for it to be valid. Articles 34(2)(a)(i) and 36(1)(a)(i) provide for the setting aside of an arbitral award on the basis that a party was under some incapacity.

5.2 Are the parties under any duties in relation to the arbitration?

The Arbitration Act does not explicitly list 'duties' in a single section but these are implied from some articles.

Duty to raise objections promptly (Article 4): A party is deemed to have waived its right to object if it knows that a provision of the UNICTRAL Model Law (from which parties may derogate) or an arbitration agreement requirement has not been complied with, but it proceeds with the arbitration without objecting either at all or within a given timeframe. This implies a duty to raise objections promptly.

Duty to cooperate with arbitral tribunal: Parties are expected to provide information and documents as requested by the arbitral tribunal – for example, under:

• Article 22(2) on translations;
• Article 23(1) on statements of claim and defence; and
• Article 26(1)(b) on providing information to experts.

Parties have a duty to appear at hearings or to produce documentary evidence if required (Article 25(c)). Failure to do so without sufficient cause can lead to the proceedings continuing and an award being made on the evidence available.

Honesty/good faith (implied): While not explicitly stated, the spirit of arbitration – particularly concerning public policy considerations (Articles 34(2)(b)(ii) and 36(1)(b)(ii)) – suggests an implied duty of honesty and good faith, as fraud or corruption can be grounds for refusing recognition or setting aside an award.

5.3 Are there any provisions of law which deal with multi-party disputes?

There are no provisions which specifically deal with multi-party disputes.

6 Applicable law issues

6.1 How is the law of the arbitration agreement determined in your jurisdiction?

It is determined by the place of arbitration as provided for in Section 3 of the Arbitration Act. If the place of arbitration is in Zimbabwe, the Arbitration Act and the UNCITRAL Model Law (as modified by the act) will apply to the arbitration (Article 3(1)). This refers to the procedural law governing the arbitration.

If the place of arbitration is not in Zimbabwe, certain articles of the Model Law (specifically Articles 8, 9, 35, and 36, relating to arbitration agreements and recognition/enforcement of awards) will still apply to the arbitration (Article 3(2)).

6.2 Will the tribunal uphold a party agreement as to the substantive law of the dispute? Where the substantive law is unclear, how will the tribunal determine what it should be?

Yes, the tribunal will uphold a party agreement as to the substantive law of the dispute as provided for in Article 28. If the substantive law is unclear (ie, failing any designation by the parties), the arbitral tribunal will apply the law determined by the conflict of laws rules which it considers applicable. This means that the arbitral tribunal will make its own determination of the applicable law by applying conflict of laws principles it deems relevant. It will also take into account any usages of any trade applicable to the transaction as provided for by Article 28(4).

7 Consolidation and third parties

7.1 Does the law in your jurisdiction permit consolidation of separate arbitrations into a single arbitration proceeding? Are there any conditions which apply to consolidation?

The Arbitration Act contains no provisions that explicitly permit or address the consolidation of separate arbitrations into a single arbitration proceeding. The act primarily focuses on the conduct of individual arbitral proceedings.

7.2 Does the law in your jurisdiction permit the joinder of additional parties to an arbitration which has already commenced?

Similar to consolidation, the Arbitration Act contains no provisions that explicitly permit or address the joinder of additional parties to an arbitration which has already commenced. The act's framework is built around the agreement between the existing parties to an arbitration.

7.3 Does an arbitration agreement bind assignees or other third parties?

The Arbitration Act does not explicitly state that an arbitration agreement binds assignees or other third parties. Article 7 of the UNICTRAL Model Law defines an 'arbitration agreement' as an agreement "by the parties to submit to arbitration all or certain disputes which have arisen or which may arise between them". While the act covers the validity and enforcement of arbitration agreements between the parties, it does not extend this to third parties that were not party to the original agreement.

8 The tribunal

8.1 How is the tribunal appointed?

The tribunal is appointed in terms of Article 11 of the Arbitration Act, which provides for the parties to choose the arbitrators. If they do not agree, the High Court can, upon the request of a party to the proceedings, appoint the tribunal.

8.2 Are there any requirements as to the number or qualification of arbitrators in your jurisdiction?

Parties can:

• freely determine the number of arbitrators; and
• agree on the qualifications of the arbitrators.

If they fail to determine the number of arbitrators, Article 10 of the Arbitration Act provides that there will be three arbitrators. However, there will be one arbitrator where each party has any one of the following in Zimbabwe:

• its place of business;
• if it has more than one place of business, its principal place of business; or
• if it has no place of business, its place of habitual residence.

8.3 Can an arbitrator be challenged in your jurisdiction? If so, on what basis? Are there any restrictions on the challenge of an arbitrator?

Yes, an arbitrator can be challenged as provided for in Article 12(2) on the following grounds:

• There are circumstances that give rise to justifiable doubts as to their impartiality or independence; or
• They do not possess the qualifications agreed to by the parties.

The test as to whether an arbitrator is impartial is a subjective one, as enunciated in Ebi Zimbabwe (Pvt) Ltd v Old Mutual Unit Trusts (Pvt) Ltd (HH55/09). A party seeking to challenge an arbitrator on the basis of partiality must establish:

• the existence of grounds from which a reasonable person would think that there was a real likelihood of bias; and
• that the arbitrator could not or would not fairly determine the issues before them.

There are no restrictions on the challenge of an arbitrator, but the challenge must be brought within 15 days of a party becoming aware of the constitution of the tribunal.

8.4 If a challenge is successful, how is the arbitrator replaced?

If a challenge to an arbitrator is successful, the arbitrator is replaced either by:

• mutual agreement of the parties; or
• appointment by the High Court if an agreement cannot be reached.

The proceedings will then continue with the newly appointed arbitrator.

8.5 What duties are imposed on arbitrators? Are these all imposed by legislation?

Article 18 provides for equal treatment of parties, placing a duty on arbitrators to:

• treat parties with equality; and
• give each party a full opportunity to present its case.

Arbitrators also have a duty to:

• maintain impartiality and independence; and
• disclose any potential conflicts of interest in terms of Article 12 of the Arbitration Act.

Additionally, arbitrators are responsible for conducting proceedings timely and efficiently, adhering to established timelines to avoid unnecessary delays. When rendering an award, they must:

• base their decisions on the evidence presented; and
• provide a reasoned explanation for their conclusions.

Confidentiality is crucial, as arbitrators must protect sensitive information disclosed during the proceedings. Lastly, they must comply with applicable laws and arbitration rules, which may be established by institutions or legislation.

The duties imposed on arbitrators also arise from common law principles. For instance, in Chatpril Enterprises (Pvt) Ltd v Elnour United Engineering Group (Pvt) Ltd (HH 602/21), the court expressed the position that arbitrators are also bound by the common law duty to make a written ruling on any challenge brought before them as per Gwaradzimba v CJ Petron & Company (SC 12/16).

8.6 What powers does an arbitrator have in relation to: (a) procedure, including evidence; (b) interim relief; (c) parties which do not comply with its orders; (d) issuing partial final awards; (e) the remedies it can grant in a final award and (f) interest?

(a) Procedure, including evidence?

An arbitrator has significant powers regarding procedure and evidence:

• They have the authority to determine the procedural rules governing the arbitration, including timelines and hearing schedules. This encompasses the discretion to manage the proceedings, ensuring that all parties are treated fairly and given an opportunity to present their cases.
• They can decide on the admissibility of evidence, determining what documents, testimonies or expert opinions can be included.
• They may request the production of evidence and summon witnesses as needed.
• They may adapt procedures to fit the specific circumstances of the case, allowing for flexibility in how evidence is presented and evaluated.

(b) Interim relief?

Arbitrators have the authority to grant interim relief as provided for by Article 17 of the Arbitration Act, to protect the rights of the parties during arbitration. This includes measures such as:

• ordering a party to refrain from certain actions;
• preserving evidence; or
• ensuring the availability of assets.

The specific powers for granting interim relief may vary depending on:

• the applicable arbitration rules; or
• the governing law.

Typically, arbitrators can issue interim orders without waiting for the final resolution of the dispute, which is crucial for preventing harm or preserving the status quo. They may also have the power to enforce these orders, ensuring compliance by the parties involved, thus facilitating effective and timely dispute resolution.

(c) Parties which do not comply with its orders?

Where a party fails to comply with an arbitrator's orders in Zimbabwe, the arbitrator has several enforcement options:

• They can issue sanctions or draw adverse inferences that may affect the arbitration's outcome.
• Many arbitration rules empower arbitrators to compel compliance through various means, including ordering the non-compliant party to pay costs associated with its non-compliance.
• If necessary, they may seek assistance from the courts to enforce their orders.
• They may:
• • suspend the proceedings until compliance is achieved; or
  • draw negative conclusions from the failure to comply.

(d) Issuing partial final awards?

Arbitrators have the authority to issue partial final awards, resolving specific issues within a broader dispute without addressing all claims or parties involved. This power allows them to provide timely relief on certain matters, such as liability or damages, before finalising all issues. Partial final awards are beneficial in complex cases where some aspects can be resolved more quickly. However, the issuance of such awards must align with applicable arbitration rules and the parties' agreements, ensuring that it does not compromise the overall arbitration process.

(e) The remedies it can grant in a final award?

Arbitrators can grant various remedies in a final award based on:

• the nature of the dispute; and
• the relief sought by the parties.

Common remedies include:

• monetary compensation;
• specific performance; and
• declaratory relief.

Arbitrators have the discretion to determine appropriate remedies that align with principles of fairness and justice, as well as contractual obligations. Additionally, arbitrators can include terms to ensure compliance with the award, such as deadlines for payment or actions to be taken.

(f) Interest?

Arbitrators have the authority to award interest on monetary claims in their final awards. This can include both pre-award and post-award interest, depending on:

• the applicable law; and
• the case's circumstances.

Pre-award interest compensates the claimant for the time value of money lost due to delays in receiving payment, while post-award interest accrues from the award date until payment. The rate of interest may be determined:

• by the governing law;
• by the applicable arbitration rules; or
• as specified in the parties' agreement.

Arbitrators must consider fairness and the specific context of the dispute when deciding on interest.

8.7 How may a tribunal seated in your jurisdiction proceed if a party does not participate in the arbitration?

The position that a tribunal may take in proceeding with a matter where a party fails to participate, depends on the circumstances:

• If a claimant fails to communicate its statement of claim, the arbitral tribunal shall terminate the proceedings if the claimant fails to show sufficient cause for the delay. The parties are free to agree on the procedure to be followed by the arbitral tribunal in conducting the proceedings.
• If the respondent fails to communicate its statement of defence, the arbitral tribunal shall continue the proceedings without treating such failure in itself as an admission of the claimant's allegations.
• If any party fails to appear at a hearing or to produce documentary evidence, the arbitral tribunal may continue the proceedings and make the award on the evidence before it.
• If the claimant fails to prosecute its claim, the arbitral tribunal may:
• • make an award dismissing the claim; or
  • give directions, with or without conditions, for the speedy determination of the claim.

8.8 Are arbitrators immune from liability?

Arbitrators generally enjoy immunity from liability for actions taken in the course of their duties. This immunity protects them from being sued for decisions made during the arbitration process, provided that they act:

• within their authority; and
• in good faith.

However, this immunity is not absolute – it may not extend to actions that are:

• considered grossly negligent; or
• taken in bad faith.

If an arbitrator acts outside their jurisdiction or engages in misconduct, they may be held liable for those actions.

9 The role of the court during an arbitration

9.1 Will the court in your jurisdiction stay proceedings and refer parties to arbitration if there is an arbitration agreement?

Yes. If there is a valid arbitration agreement between the parties, the courts are generally inclined to stay the proceedings upon a party's application. Section 4 of the Arbitration Act provides as follows:

• The court must stay pending legal proceedings if the matter in dispute is within the scope of an arbitration agreement, unless the agreement is found to be:
• • null and void;
  • inoperative; or
  • incapable of being performed.
• The courts will refer the parties to arbitration and stay litigation to uphold the validity of arbitration agreements.

However, the Zimbabwean courts will stay proceedings and refer a matter to arbitration only where there is a dispute between the parties which is apparent ex facie (on the face of it) from the pleadings. See Cargill Zimbabwe v Culvenham Trading (Pvt) Ltd (HH 42/2006).

9.2 Does the court in your jurisdiction have any powers in relation to an arbitration seated in your jurisdiction and/or seated outside your jurisdiction? What are these powers? Under what conditions are these powers exercised?

The courts have supervisory powers over arbitration seated in Zimbabwe. These include the power to:

• appoint arbitrators if the parties fail to agree or if specified in the arbitration clause;
• grant interim measures or injunctions to preserve assets or evidence related to the arbitration; and
• set aside arbitral awards where there is a lack of jurisdiction on the part of the tribunal or procedural irregularities.

In foreign-seated arbitrations, the courts may:

• assist in the recognition and enforcement of foreign arbitral awards under the New York Convention (to which Zimbabwe is a signatory); and
• provide limited supervisory functions in support of enforcement.

The court's powers are exercised when:

• a party applies for interim relief or to set aside an arbitral award;
• there are issues of jurisdiction or procedural irregularities; or
• enforcement of foreign arbitral awards is sought.

9.3 Can the parties exclude the court's powers by agreement?

Parties can limit or exclude certain court powers via agreement, particularly through arbitration clauses:

• specifying the extent of court intervention; or
• opting for arbitration procedures exclusive of court involvement.

However:

• the parties cannot completely exclude statutory powers mandated by the Arbitration Act, such as the court's power to stay proceedings or enforce awards; and
• any attempt to completely oust the jurisdiction of the courts in matters such as setting aside awards or granting interim relief may be limited, as Zimbabwean law supports the courts' supervisory role.

10 Costs

10.1 How will the tribunal approach the issue of costs?

The tribunal has broad discretion over costs, including awarding or apportioning costs in its final award.

Typically, tribunals consider factors such as:

• the law governing costs (if specified by the parties or by statute);
• the conduct of the parties;
• the outcome of the dispute; and
• the reasonableness and proportionality of the costs to the issues.

The tribunal may allocate costs against one or both parties or order each party to pay its own costs, unless a different arrangement has been agreed or ordered.

10.2 Are there any restrictions on what the parties can agree in terms of costs in an arbitration seated in your jurisdiction?

Zimbabwean law generally allows parties considerable flexibility in agreeing on costs. Restrictions are imposed to prevent:

• unreasonably restrictive arrangements;
• abuse; or
• contraventions of mandatory legal principles.

Arbitrators and courts retain oversight to ensure that cost agreements are:

• just;
• reasonable; and
• consistent with public policy.

Compliance with legal and public policy principles:

• Any agreement concerning costs must not violate statutory provisions of the Arbitration Act or other applicable laws.
• The agreement must not contravene public policy, which includes principles of:
• • fairness;
  • reasonableness; and
  • justice.

Mandatory statutory provisions: Certain aspects of costs are subject to mandatory legal provisions. For example:

• the courts and arbitral tribunals are empowered to ensure that costs are just and equitable; and
• an agreement that limits or excludes the tribunal's or court's authority to award costs or that restricts enforcement of costs beyond what the law allows might be invalid or unenforceable.

Reasonableness and fairness:

• Arbitrators or courts may review costs provisions to ensure that they are reasonable.
• An agreement that unreasonably limits the amount of costs or disproportionately favours one party, especially if it is oppressive, may be subject to challenge and set aside.

Restrictions on limitations or waivers: Parties cannot effectively waive or limit rights that are protected by law, such as:

• the right to have costs fairly awarded based on the outcome; and
• the right to recover actual costs necessary for the dispute resolution.

Transparency and good faith:

• Agreements must be made in good faith and with full transparency.
• Unilateral or unconscionable agreements may be declared void or voidable.

11 Funding

11.1 Is third-party funding permitted for arbitrations seated in your jurisdiction?

The arbitration act does not provide for third-party funding of arbitration. There is also no law in Zimbabwe that prohibits third-party funding by non-lawyers. However, Section 22A of the Legal Practitioners Act and section 4 of the Legal Practitioners (Contingency fee agreements) Regulations, 2014, allows for legal practitioners to enter into contingency arrangements in which the legal practitioner, acting for a client, receives their fee only if they have succeeded in a claim. Third-party funding is therefore permitted for arbitration.

12 Award

12.1 What procedural and substantive requirements must be met by an award?

Article 31 of the Arbitration Act sets out the procedural and substantive requirements that an award must meet. An award must:

• be in writing;
• be signed by the arbitrators – where there is more than one, the signature of the majority will suffice;
• be delivered to each party;
• state the reasons upon which it is based, unless:
• • the parties have waived this requirement; or
  • it is an award on agreed terms between the parties; and
• state the date and place of arbitration.

12.2 Must the award be produced within a certain timeframe?

There is no time stipulation but it must be produced within a reasonable time, unless:

• the parties have agreed with the arbitrator; or
• the nature of the matter demands a decision within a particular time.

13 Enforcement of awards

13.1 Are awards enforced in your jurisdiction? Under what procedure?

Awards are enforceable as provided for in Article 35 of the Arbitration Act. A party seeking enforcement makes an application for registration of the arbitral award in the High Court. The procedure applicable to court applications in terms of the High Court Rules, 2021 applies to applications for registration of arbitral awards. It does so by supplying the court with:

• a duly authenticated original award or a duly certified copy thereof; and
• the original arbitration agreement or a duly certified copy thereof.

Once registered through an order of the court, it carries the same effect as a civil judgment and becomes enforceable.

14 Grounds for challenging an award

14.1 What are the grounds on which an award can be challenged, appealed or otherwise set aside in your jurisdiction?

An award is not appealed but is either:

• registered as an order of the court; or
• set aside on one of the grounds provided for in Article 34 of the Arbitration Act, as follows:
• • There is proof that a party to the arbitration agreement was under some incapacity;
  • It is invalid under the law to which it is subject;
  • There was insufficient notice of appointment of an arbitrator or of the proceedings;
  • One party was unable to present its case;
  • The award deals with a dispute outside the scope of the agreement;
  • The tribunal or procedure did not accord with the agreement; or
  • The award has not yet become binding.

It can also be set aside on the grounds that:

• the subject matter of the dispute is not capable of settlement by arbitration under the law of Zimbabwe; or
• enforcement of the award would be contrary to the public policy of Zimbabwe as per the locus classicus on setting aside arbitral awards. The decision in ZESA v Maphosa 1999 (2) ZLR 452 (S) confirmed that an award is contrary to public policy "if its reasoning or conclusion is so unreasonable, illogical, or morally outrageous that it would be intolerable to the concept of justice in Zimbabwe".

14.2 Are there are any time limits and/or other requirements to bring a challenge?

An application to set aside an arbitral award must be filed within three months of the date on which:

• the party making the application received the award; or
• a request to correct an error or interpret any part of the award was disposed of.

The applicant must provide the court with an authenticated copy of the award.

14.3 Are parties permitted to exclude any rights of challenge or appeal?

The grounds for setting aside an arbitral award are a matter of law and parties cannot contract outside of the law. They cannot exclude any rights of challenge.

15 Confidentiality

15.1 Is arbitration seated in your jurisdiction confidential? Is a duty of confidentiality found in the arbitration legislation?

• Yes, in Zimbabwe arbitration proceedings are generally confidential. Arbitration is a private process and only the parties involved and their representatives have access to the hearing and the documents. Confidentiality is a key advantage of arbitration.
• The Arbitration Act is silent on this aspect. It does not provide for confidentiality. Nothing forbids the parties from agreeing to maintain the confidentiality of the proceedings.

15.2 Are there any exceptions to confidentiality?

The Arbitration Act is silent on this matter.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.