Can arbitration be used to resolve boundary disputes?

A starting point for anyone interested in arbitration in Zimbabwe, or the UNCTRAL Model Law on International Commercial Arbitration in Zimbabwe is to have in their library the following academic texts:

• (a) Davison Kanokanga, Commercial Arbitration in Zimbabwe (Juta & Co, Cape Town, 2020);
• (b) Davison Kanokanga & Prince Kanokanga, UNCITRAL Model Law on International Commercial Arbitration: A Commentary on the Zimbabwean Arbitration Act [Chapter 7:15] (Juta & Co, Cape Town, 2022)

In terms of section 18(7) of the Land Survey Act [Chapter 20:12] (the Act), arbitration is the preferred alternative dispute resolution mechanism for resolving boundary disputes. Section 18(7) of the Act provides as follows:

• If any contiguous owner has failed to sign the agreement and has, within the period mentioned in any such notice as is referred to in subsection (4), lodged with the Surveyor-General an objection to any beacon or boundary adopted in the survey of such piece of land, or to the diagram thereof, the Surveyor-General may, if every person affected by such objection undertakes in writing to accept the award of an arbitrators or arbitrators to be appointed by the Surveyor-General as final and conclusive upon all matters in dispute in connection with such beacon or boundary, and in regard to costs of or incidental to such arbitration, appoint such arbitrator or arbitrators to determine such matters and costs, and his or their award thereon shall thereupon be final and conclusive.