Arbitration (International Investment Disputes) Act (Chapter 7:03)

 

CHAPTER 7:03

Arbitration (International Investment Disputes) Act

Act 16/1995.

ARRANGEMENT OF SECTIONS

Section

1. Short title.
3. Contracting States.
4. Registration of awards.
5. Effect of registration.
6. Awards not judicially enforceable unless registered.
7. Stay of court proceedings where matter within jurisdiction of Centre.
8. Privilege of statements, reports, etc., made in conciliation proceedings.
9. Status, immunities and privileges conferred by Convention.
10. Act to bind State.
11. Government contribution to expenses under Convention.

SCHEDULE

Convention on the Settlement of Investment Disputes Between States and Nationals of Other States.

AN ACT to provide for the implementation in Zimbabwe of the Convention on the Settlement of Investment Disputes between States and Nationals of Other States, opened for signature at Washington on the 18th March, 1965, and ratified by Zimbabwe on the 20th May, 1994; and to provide for matters connected therewith or incidental thereto.

[Date of commencement: 8th December, 1995.]

• Short title

This Act may be cited as the Arbitration (International Investment Disputes) Act [Chapter 7:03].

• Interpretation

In this Act—

“award” includes—

• an award rendered pursuant to the Convention; and
• any decision pursuant to the Convention interpreting, revising or annulling an award referred to in paragraph (a); and
• any decision as to costs which under the Convention is to form part of an award referred to in paragraph (a);

“Centre” means the International Centre for Settlement of Investment Disputes established by Article 1 of the

Convention;

“Contracting State” means a State or territory—

• which has ratified or acceded to the Convention; or
• to which the Convention applies by virtue of Article 70 thereof;

“Convention” means the Convention on the Settlement of Investment Disputes between States and Nationals of Other States, the text of which is set out in the Schedule and which—  (a) was opened for signature at Washington on the 18th March, 1965;

• was ratified by Zimbabwe on the 20th May, 1994; and
• entered into force for Zimbabwe on the 19th June, 1994;

“Minister” means the Minister of Justice, Legal and Parliamentary Affairs or any other Minister to whom the President may, from time to time, assign the administration of this Act;

“registered”, in relation to an award, means registered under section four;

“Tribunal” means an Arbitral Tribunal referred to in paragraph (1) of Article 37 of the Convention.

• Notification of States

The Minister may by statutory instrument give notification that a State or territory is a Contracting State for the purposes of this Act.

• Registration of awards
• Subject to this section and any rules of court, the High Court shall register an award on the application of any person who seeks the recognition and enforcement of the award.
• A person applying for the registration of an award under subsection (1) shall file with his application a copy of the award concerned, certified by the Secretary-General of the Centre.
• An award may be registered for the reasonable costs of and incidental to registration, including the cost of obtaining a certified copy of the award, in addition to any other amount payable under the award.
• If at the date of the application for registration the award has been partly satisfied, the award may be registered in respect of the balance remaining at that date.
• Effect of registration
  • Subject to subsection (2)—
  • a registered award shall be of the same effect for the purposes of execution; and
  • proceedings may be taken on a registered award; and
  • the sum for which an award is registered shall bear interest; and
  • the High Court shall have the same control over the execution of a registered award; as if the registered award were a judgment of the High Court.
  • A registered award shall have the same effect as a final judgment of the High Court in barring further proceedings between the parties to the award in relation to the issues determined by the Tribunal in the award.
• Awards not judicially enforceable unless registered No court shall entertain any proceedings for—

(a) the recovery of any amount payable under an award; or  (b) the enforcement of any obligation imposed by an award; unless the award is registered.

• Stay of court proceedings where matter within jurisdiction of Centre

If any proceedings are instituted in any court in regard to any matter which, under the Convention, is required to be submitted to the Centre for conciliation or arbitration, any party to the proceedings may apply to the court to stay the proceedings, and the court, unless satisfied that the matter is not required to be submitted to the Centre under the Convention, shall make an order staying the proceedings.

• Privilege of statements, reports, etc., made in conciliation proceedings

Notwithstanding any other law, no party to any conciliation proceedings under Chapter III of the Convention shall be entitled, in subsequent proceedings before any court, arbitrator or tribunal, to adduce evidence of—

• any offer, admission or statement made in the course of those conciliation proceedings by or on behalf of any other party to the conciliation proceedings; or
• any report prepared or recommendation made by the Conciliation Commission for the purpose of those conciliation proceedings;

unless the other party to the conciliation proceedings has agreed to the adduction of that evidence.

• Status, immunities and privileges conferred by Convention
  • Articles 18 to 24 of the Convention, governing the status, immunities and privileges of the Centre and of members of its Council and Secretariat and of persons concerned with conciliation or arbitration under the Convention, shall have the force of law in Zimbabwe.
  • Notwithstanding subsection (1), nothing contained in paragraph (1) of Article 24 of the Convention shall be construed as—
  • entitling the Centre or its personnel to import goods free of customs duty without any restriction on their subsequent sale in Zimbabwe; or
  • conferring on the Centre or its personnel any exemption from duties or taxes which form part of the price of goods sold; or
  • conferring on the Centre or its personnel any exemption from duties or taxes which are no more than charges for services rendered.
  • For the purposes of Articles 20 and 21 of the Convention, a statement to the effect that the Centre has waived an immunity in the circumstances specified in the statement, being a statement certified by the SecretaryGeneral of the Centre or by a person acting as Secretary-General, shall be conclusive evidence of such waiver.
• Act to bind State
  • This Act shall bind the State but not so as to make an award enforceable in a manner in which a judgment is otherwise not enforceable against the State.
  • For the avoidance of doubt, nothing contained in this Act or in the Convention shall be construed as derogating from the law in force in Zimbabwe relating to the immunity of the State or of any foreign State from execution.
• Government contribution to expenses under Convention

Any obligations of the Government of Zimbabwe arising under Article 17 of the Convention, which obliges Contracting States to meet any deficit of the Centre, shall be met from moneys appropriated for the purpose by Act of Parliament.

SCHEDULE (Section 2)

CONVENTION ON THE SETTLEMENT OF INVESTMENT DISPUTES BETWEEN STATES AND NATIONALS OF OTHER STATES

(The arrangement of Articles below and the headings of Articles form no part of the Convention and have been inserted for ease of reference only)

ARRANGEMENT OF ARTICLES

CHAPTER I

INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES

SECTION I

ESTABLISHMENT AND ORGANIZATION

Article

1. Establishment of Centre.
2. Seat of Centre.
3. Duties of Centre.