Cap. 7:15
ARBITRATION ACT
Act 6/1996
[amended by Act 14/2002 with effect from 4th February, 2002 – see s. 47 of Act 14/2002.]
(b) the High Court finds, that—
(i) the subject-matter of the dispute is not capable of settlement by arbitration
under the law of Zimbabwe; or
(ii) the award is in conflict with the public policy of Zimbabwe.
(3) An application for setting aside may not be made after three months have elapsed from
the date on which the party making that application had received the award or, if a request had
been made under article 33, from the date on which that request had been disposed of by the
arbitral tribunal.
(4) The High Court, when asked to set aside an award, may, where appropriate and so
requested by a party, suspend the setting aside proceedings for a period of time determined by it
in order to give the arbitral tribunal an opportunity to resume the arbitral proceedings or to take
such other action as in the arbitral tribunal’s opinion will eliminate the grounds for setting aside.
(5) For the avoidance of doubt, and without limiting the generality of paragraph (2) (b) (ii)
of this article, it is declared that an award is in conflict with the public policy of Zimbabwe if—
(a) the making of the award was induced or effected by fraud or corruption; or
(b) a breach of the rules of natural justice occurred in connection with the making of the
award.
CHAPTER VIII
RECOGNITION AND ENFORCEMENT OF AWARDS
ARTICLE 35
Recognition and enforcement
(1) An arbitral award, irrespective of the country in which it was made, shall be recognised
as binding and, upon application in writing to the High Court, shall be enforced subject to the
provisions of this article and of article 36.
(2) The party relying on an award or applying for its enforcement shall supply the duly
authenticated original award or a duly certified copy thereof and the original arbitration
agreement referred to in article 7 or a duly certified copy thereof. If the award or agreement is
not made in the English language, the party shall supply a duly certified translation into the
English language.
ARTICLE 36
Grounds for refusing recognition or enforcement
(1) Recognition or enforcement of an arbitral award, irrespective of the country in which it
was made, may be refused only—
(a) at the request of the party against whom it is invoked, if that party furnishes to the
court where recognition or enforcement is sought proof that—
(i) a party to the arbitration agreement referred to in article 7 was under some
incapacity; or the said agreement is not valid under the law to which the parties
have subjected it or, failing any indication thereon, under the law of the country
where the award was made; or
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