The Chartered Institute of Arbitrators (CIArb) engaged the Zambia Law Development Commission (ZLDC) in 2019 to review the Arbitration Act to set minimum standards and address other matters of concern. In this regard, the Commission is calling for submissions from stakeholders and members of the public to inform the process for the Review of the Arbitration Act, No 19 of 2000. https://www.zambialawdevelopment.org/download/the-arbitration-act-chapter-40-of-the-laws-of-zambia/
Introduction and Background
The Arbitration Act. No 19 of 2000, sets out the arbitral procedure in Zambia. https://www.zambialawdevelopment.org/download/what-is-the-united-nations-commission-on-international-trade-law-model-law/.
It takes into account the particular features and needs of both domestic and international commercial arbitration. It covers all stages of the arbitral process from the arbitration agreement, the composition and jurisdiction of the arbitral tribunal, and the extent of court intervention through to the recognition and enforcement of the arbitral award. In this regard, the Arbitration Act specifically: makes provisions for domestic and international arbitration through the adoption, with modifications, of the United Nations Commission on International Trade Law Model https://www.zambialawdevelopment.org/download/what-is-the-united-nations-commission-on-international-trade-law-model-law/
; makes provision for an arbitral procedure that is fair, efficient, and capable of meeting the specific needs of each arbitration; redefines the supervisory role of the courts in the arbitral process; and preserves the legal recognition and enforcement of foreign arbitral awards under the Geneva Protocol on Arbitration Clauses (1923) and the Geneva Convention on the Execution of Foreign Arbitral Awards (1927).
The Objective of the Review
Overall objective: To repeal and replace the Arbitration Act No. 19 of 2000 in order to develop a legal framework that incorporates the UNCITRAL amendments of 2006 https://www.zambialawdevelopment.org/download/what-is-the-united-nations-commission-on-international-trade-law-model-law/ and effectively governs both domestic and international arbitration proceedings in Zambia.
FORMAT AND GUIDELINES ON MAKING SUBMISSIONS
Submissions to the review should:
- Be in English or any of the seven major local languages;
- Be in legible handwriting, typed or WhatsApp audio format;
- If typed in both PDF and Word format;
- Indicate the name, district and contact details of the person submitting (Phone number, email, or postal address where we can contact you to seek clarification if need be); and
- Indicate areas that need review or recommend national, regional or international best practices that should be included in the new law. Provide an explanation or reasons to support the proposals or recommendations.
NOTE: The Commission will not accept submissions written in derogatory language or submissions purely based on false information.
The submissions received are intended solely for this review process.
Please send your submissions, indicating in the subject line “CALL FOR SUBMISSIONS ON THE REVIEW OF THE ARBITRATION ACT”, to-
Email:Research@zambialawdevelopment.org and copy zambialawdevelopmentcommission@gmail.com;
Facebook Page: Zambia Law Development Commission
WhatsApp line: +260 750 191 160 and +260 955 931 639.
Post/Physical Address:
The Director`
Zambia Law Development Commission
P.O Box 34670, Lusaka, Zambia. Plot No. 24F
Cheetah Road Kabulonga
LUSAKA
The deadline for receipt of submissions is 30th September 2023
For further enquiries contact us at:
Email: Research@zambialawdevelopment.org
Phone: +260 955 931 639 and +260 750 191 160 (Contact Persons: Chiluba Moyo and Inutu Akolwa (08:00 to 17:00 hours)