1 / 7

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.

frisbee
Download Presentation

Arbitration of International Disputes

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  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

More Related