There are several published international textbooks and cases books on international commercial arbitration UNCITRAL Model Law on International Commercial Arbitration: A Commentary on the Zimbabwean Arbitration Act [Chapter 7:15] provides a comprehensive commentary on the Model Law on International Commercial Arbitration adopted by the United Nations Commission on International Trade Law (UNCITRAL) on the 21st June, 1985.
The commentary is based on the Arbitration Act [Chapter 7:15] which gave effect to the Model Law on International Commercial Arbitration in Zimbabwe. Within the continent, among a dozen of countries, Zimbabwe was the fifth country to adopt the Model Law after Nigeria (1990), Tunisia (1993), Egypt (1994) and Kenya (1995). It has adopted the Model law in its entirety, with some modifications to the text of the Model Law but has kept the essence of the Model Law in its original.
Father and son, Davison and Prince Kanokanga, both of whom are leading academics and arbitration practitioners, address fundamental questions in the commentary, as they both combine theory and practice. This is illustrated in each chapter of the book which covers specific but salient aspects of international commercial arbitration.
The introductory chapter reflects on the history and development of arbitration in Zimbabwe and the work conducted by the Law Development Commission of Zimbabwe (LDCZ) which was chaired by Chief Justice AR Gubbay, who was assisted by persons who include Mr AR McMillan, Mr PA Chinamasa, Mr Y Omerjee, Mr BC Brown, Mrs B Chanetsa, Professor W Ncube, Professor G Feltoe, Mr H Kantor, Mr Justice Robison and Mr T Uchena. The LDCZ’s was also assisted by Adv A de Bourbon, Mr I Donovan, Mr MA Masunda and Mr B Patel.
The adoptions and modifications to the Model Law in Zimbabwe were to a large extent based on responses from leading figures such as Mr Justice FC Blackie, Mr Justice N Kaplan, Mr EA Schwartz, Professor RC Christie, DC Oryden, T Kennedy-Grant, L William, GW Longley, A Queuten-Baxter and ML Walsh.
UNCITRAL Model Law on International Commercial Arbitration: A Commentary on the Zimbabwean Arbitration Act [Chapter 7:15] begins each chapter with a reference to the travaux preparatories – which include the original drafts, reports, summary record of the debates, government comments and other documents. All the chapters on the Model law follow a similar structure, which is based on a paragraph-by-paragraph analysis of the provisions of the Model law.
The discussion under each chapter in the commentary presents not only the Zimbabwean cases on arbitration, but also embodies the leading Case Law on UNCITRAL Texts (CLOUT) developed by the courts in other Model law jurisdictions and the works of eminent international scholars to help the reader develop a deeper understanding on each provision of the Model law.
This book is designed for anyone who wants to have a deeper knowledge of international commercial arbitration. It is an essential reader friendly commentary for accountants, advocates, auditors, arbitrators, business people, engineers, in-house counsel, law students, lawyers, law reformers (academic and judicial), judges and other professional persons who are involved in international commercial arbitration.