How to Challenge or Enforce an Arbitration Award in Zimbabwe?

Question from kuku, How to Challenge or Enforce an Arbitration Award in Zimbabwe?

Answer from AI:

A) For the Employer Organization

1. Appropriate Jurisdiction for Challenging the Award

When challenging an arbitration award in Zimbabwe, the employer organization must determine the correct court to approach. The relevant legislation is the Arbitration Act [Chapter 7:15]. Generally, the High Court is the appropriate jurisdiction for challenging arbitration awards, as it has the authority to review and set aside awards under certain conditions. The Labour Court primarily deals with labor disputes and may not have jurisdiction over arbitration award challenges unless specifically provided for by statute.

– High Court: Typically handles applications to set aside arbitration awards under the Arbitration Act.
– Labour Court: Primarily deals with labor disputes but may not be the correct forum for arbitration award challenges unless specified.

Case Law Reference: In the case of Delta Beverages v. National Employment Council for the Food and Allied Industries, the High Court was approached to set aside an arbitration award, illustrating its role in such matters.

2. Potential Grounds for Challenging the Award

The employer organization can challenge the arbitration award on several grounds, particularly focusing on the stipulation to pay in USD:

– Currency Stipulation: Argue that the award is unenforceable because it requires payment in a currency that is not legal tender in Zimbabwe. This could be seen as contrary to public policy.
– Excess of Authority: Claim that the arbitrator exceeded their authority by stipulating payment in a foreign currency.
– Procedural Irregularities: If there were any procedural issues during the arbitration process, these could be grounds for challenge.

3. Additional Considerations

– Procedural Advantages: The High Court may offer a more comprehensive review of the arbitration process and award.
– Drawbacks: Approaching the High Court can be time-consuming and costly, and there is a risk of the court upholding the award.

B) For the Employee Union

1. Steps to Enforce the Award

To enforce the arbitration award, the employee union should:

– File for Registration: Apply to the High Court to have the award registered as a court order, which is necessary for enforcement.
– Prepare for Objections: Anticipate and prepare responses to the employer’s likely objections regarding jurisdiction and currency.

2. Legal Strategies for Upholding the Award

– Labour Court’s Authority: Argue that the Labour Court has the authority to enforce the award due to its expertise in labor matters, even if the High Court is the primary forum for challenges.
– Public Policy Argument: Emphasize that the award aligns with public policy goals, such as fair wages and safe working conditions, which may outweigh the currency issue.
– Precedent and Case Law: Cite cases where similar awards have been upheld, focusing on the importance of respecting the arbitration process and the finality of awards.

Legal Advice Recommendation: Given the complexity of arbitration and enforcement proceedings, both parties should consult with a legal professional to receive personalized advice tailored to their specific circumstances.

For more detailed information, you can refer to the [Arbitration Act [Chapter 7:15]](https://www.law.co.zw/download/arbitration-act-chapter-7-15/) and relevant case law through legal databases or local legal resources.