International Commercial Arbitration at Mozambique
International Commercial Arbitration in Mozambique
Mozambique is developing its legal framework for arbitration and is increasingly seen as an emerging hub for international commercial dispute resolution in Southern Africa. Here’s a concise overview:
⚖️ Legal Framework
Mozambique Arbitration Law (Law No. 11/99 of 1999)
Mozambique’s arbitration regime is primarily governed by Law No. 11/99, which is influenced by the UNCITRAL Model Law principles.
It applies to both domestic and international arbitration seated in Mozambique.
The law emphasizes party autonomy and limits judicial intervention.
New York Convention (1958)
Mozambique is a signatory to the 1958 New York Convention, allowing recognition and enforcement of foreign arbitral awards.
Civil Procedure Code
Contains provisions relevant to arbitration enforcement and court assistance.
🏛️ Arbitration Institutions
Mozambique Arbitration Centre (CAM)
The key arbitration institution providing administrative support, rules, and panel of arbitrators for arbitration cases.
Focuses on commercial and investment disputes.
Regional and International Institutions
Parties often use institutions like the ICC, LCIA, or regional centers such as the CCJA (Common Court of Justice and Arbitration of OHADA) where applicable.
🌍 Why Choose Mozambique for Arbitration?
Growing economy with increasing foreign investment, especially in natural resources and infrastructure sectors.
Legal framework aligned with international arbitration standards.
Strategic location as a gateway to Southern Africa.
Courts generally supportive of arbitration agreements and enforcement of awards.
Multilingual environment with Portuguese as the official language and widespread use of English and indigenous languages in business.
📝 Typical Arbitration Sectors
Natural resources and mining
Energy and infrastructure
Agriculture and fisheries
Trade and commerce
Construction and real estate
✅ Practical Considerations
Enforcement of foreign arbitral awards under the New York Convention is generally smooth but can involve judicial review.
Arbitration agreements are respected and courts provide necessary assistance (e.g., appointment of arbitrators).
Arbitration proceedings can be conducted in Portuguese or other agreed languages.
Mozambique is working on improving arbitration capacity and institutional support.
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