Who can use arbitration, and for which matters?

What is arbitrability and what are its dimensions?

Arbitrability concerns access to arbitration: which matters arbitrators may decide and which persons may use this method.

Party agreement cannot make a matter arbitrable when the law excludes it. Three questions should be distinguished:

• May the subject matter be arbitrated?

  This is the objective dimension: check whether the law permits arbitration of the type of issue involved.

• May these persons use arbitration?

  This is the subjective dimension: check capacity, eligibility and any statutory restrictions.

• Is there an agreement covering this dispute?

  This is a separate agreement issue. Arbitrable subject matter is not automatically referred to arbitration.

In Mozambique: Article 5 of Law 11/99 excludes, among other matters, non-disposable rights or rights that cannot be settled, and matters exclusively assigned by special legislation to courts or a special regime. Article 6 addresses who may participate; Article 5(3) provides for subsidiary application of the general law to special regimes.

Who may enter into an arbitration agreement?

Those permitted by law to use arbitration may enter into an agreement, directly or through a representative with the necessary authority.

Distinguish the person who becomes bound from the person signing on their behalf. A company may act through a representative, but that representative’s authority must be checked. A signature does not by itself resolve capacity issues.

Applicable law may impose restrictions concerning individuals, public bodies or particular legal relationships. The answer is therefore not simply anyone willing to sign.

In Mozambique: Article 6(2) excludes unemancipated minors and persons legally subject to interdiction or limited capacity, on its stated terms, even through legal representatives. In a particular case, that provision must be read alongside the applicable civil-law framework. Article 55 contains a special capacity rule for international commercial arbitration.

Can the State and other public bodies use arbitration?

Yes, where the applicable framework permits it. A public body’s involvement requires checking the subject matter, legal authority and the powers of the person entering into the agreement.

Identify the capacity in which the body acts and the legal relationship involved. A private-law contract, an administrative contract and an act exercising public powers may raise different issues.

A public official’s signature should not be assumed to authorise any arbitration. The body’s capacity, the organ’s competence, representation and special rules must be considered together. Public shareholding in a company also does not, by itself, determine the applicable framework.

In Mozambique: Article 6(1) of Law 11/99 addresses the State and other public legal persons. It must be read with the specific framework, including, for administrative matters, Law 7/2014 and the Organic Law of Administrative Jurisdiction.

How does arbitration involving administrative matters fit into the legal framework?

It is arbitration of administrative-law matters where legally permitted, under its specific framework.

Administrative character does not arise simply because the State is a party. Classify the relationship and the claim: the dispute may concern an administrative contract, compensation for public administration liability or an administrative act.

The special framework governs the agreement, tribunal formation, proceedings and decision. Arbitral flexibility does not dispense with administrative legality or procedural safeguards. Nor does it allow every commercial arbitration solution to be transferred automatically to this field.

In Mozambique: Article 202 of Law 7/2014 refers to administrative contracts and non-contractual liability relating to public management. Article 3(6) of the Organic Law, republished by Law 7/2015, also mentions disputes over acts of predominantly economic content. The difference in wording requires joint interpretation: it does not justify assuming, without analysis, that all administrative acts are arbitrable or that none are.

What special features arise in labour arbitration?

Labour arbitration follows specific rules concerning employment disputes, consent, competent bodies and procedure.

Employment disputes have their own rules for individual and collective disputes. The Labour Law regulates labour mediation and arbitration bodies and the role of the arbitrator or arbitral committee.

Mediation seeks settlement; arbitration produces a decision. In either process, mandatory worker protections must be respected.

In Mozambique: Articles 187–198 of Law 13/2023 are the central reference. Article 193 distinguishes voluntary and mandatory arbitration; Article 194 allows it to be made mandatory in its specified circumstances by a decision of the Labour Mediation and Arbitration Commission (COMAL) after hearing the competent Minister. Article 189 provides for the possibility of prior conciliation and mediation. Regulations for COMAL and the Labour Mediation and Arbitration Centres (CEMAL) must be read alongside this law, without automatically transferring solutions from the 2007 framework.

What special features arise in mining, petroleum and energy disputes?

Each sector may establish specific rules on disputes, parties, dispute resolution mechanisms and arbitration conditions.

First identify the actual claim. A contractual payment dispute, a regulatory issue and an investor–State claim are not necessarily resolved in the same way, even when they concern the same project.

In the legislation available on the portal, start with these provisions:

• Mining

  Law 7/2026, Article 23(2)(g), provides for dispute resolution mechanisms in mining contracts, including international arbitration.

• Petroleum

  Law 8/2026, Article 92, provides for resolution by agreement and, failing that, arbitration or court proceedings on the contractual terms. Without an arbitration clause in the concession contract, paragraph 2 refers disputes to the competent courts.

• Electricity

  Article 51 of Law 12/2022 distinguishes regulatory matters and concession-related disputes. Law 16/2024 amended paragraph 4 regarding the forum and languages of proceedings; the original 2022 wording should not be read in isolation.

In Mozambique: Read the main texts together with amendments, transitional provisions and applicable contracts. References to international mechanisms do not dispense with their jurisdiction and consent requirements; for the Washington Convention, see Article 25. Sectoral classification guides consultation but does not provide general authority to arbitrate every issue in the sector.