KAREMBA v ZIMBABWE MINING DEVELOPMENT CORPORATION 2016 (2) ZLR 177 (H)

Flynote

Arbitration: " c arbitral proceedings " parties reaching agreement after matter referred to arbitration " proceedings not automatically terminated " must be terminated by arbitrator " agreement being reduced to an award " party entitled to have award registered for enforcement

Headnote

A labour dispute in which the applicant had sought compensation for a unfair dismissal had been referred to arbitration. While the arbitration hearing was pending, the parties came to an agreement which had been registered as an arbitral award. When the applicant now applied to have it registered under s 98(14) of the Labour Act [Chapter 20:01], the respondent objected, arguing that the parties had not referred the matter to arbitration, and that when the agreement was entered into, the arbitral proceedings pending before the arbitrator were terminated. There was thus no arbitral award to register.

Held, that under articles 30 and 32 of the First Schedule to the Arbitration Act [Chapter 7:15], the arbitration proceedings can only be terminated by an order of the arbitral tribunal, to the effect that the proceedings have been terminated. Without such an order the proceedings remain pending before the arbitrator. No such order had been made. The parties had an obligation in terms of the law to ensure the proceedings were lawfully terminated. When the agreement was forwarded to the arbitrator, with the respondent's knowledge, the arbitrator was still seized with the matter. It was within the arbitrator's powers to proceed to reduce the agreement to an award. The fact of reaching an agreement did not automatically terminate the arbitral proceedings. The arbitrator must terminate the proceedings.

Held, further, that the arbitrator had reduced the agreement to an award. His mandate ended with the granting of the award. The applicant was entitled to have the award registered in terms of the Labour Act.