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Arbitration of International Disputes

Arbitration of International Disputes. The Zimbabwean Landscape. Susan Muchaneta Mutangadura LLB (Hons) Zim, MBA (Surrey UK) 03 November 2016. Law of Arbitration in Zimbabwe.

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Arbitration of International Disputes

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  1. Arbitration of International Disputes The Zimbabwean Landscape Susan Muchaneta Mutangadura LLB (Hons) Zim, MBA (Surrey UK) 03 November 2016

  2. Law of Arbitration in Zimbabwe • Embodied in the Arbitration Act (Chapter 7:15) and the Arbitration (International Investments Disputes) Act (Chapter 7:03) • Previously Arbitration Act (Chapter 7:02) • Prior to that common law principles applied to arbitration of disputes

  3. International Instruments • Geneva Protocol on Arbitration of September 24, 1923 • Geneva Convention on the Execution of Foreign Arbitral Awards of 1927 (which amended the Geneva Protocol in certain respects) • New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, June 10, 1958 • The 1965 Convention on the Settlement of Investments Disputes between States and Nationals of other States (ICSID Convention 1965)

  4. Arbitration Act (Chapter 7:15) • Enacted to give effect to domestic and international agreements • To provide a better and more efficient means of having disputes submitted to arbitration and the enforcement of awards of arbitrators. • Seeks to apply the model law on International Commercial Arbitration adopted by the United Nations Commission on International Trade law on June 21, 1985 (the UNCITRAL laws). • Gave effect to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958

  5. Arbitration Act (Chapter 7:15) • S4 of the Arbitration Act provides that any dispute which the parties have agreed to submit to arbitration maybe determined by arbitration. • S6(2) states that the Act “shall apply to every arbitration agreement, whether made before, on or after September 13, 1996.” • S4 details matters that shall not be capable of determination by arbitration

  6. ICSID Convention • May 20 1994, Zimbabwe ratified the 1965 Convention on the Settlement of Investments Disputes between States and nationals of other States (ICSID Convention) • Domesticated it in the schedule to Section 2 of the Arbitration (International Investments Disputes) Act (Chapter 7:03) in 1995 • It applies to the investment disputes between a country and the investors of another country who have made investments in that first country

  7. Administration • Commercial Arbitration Centre has been in existence for some 15 years or more • A new Arbitration Centre recently established under retired Justice Chinengo

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