Arbitration & ADR

Arbitration is the resolution of a dispute by a tribunal the parties have chosen, under a procedure they have largely agreed, producing an award that is binding and enforceable.

In Zambia arbitration is governed by the Arbitration Act, which gives effect to the UNCITRAL Model Law and to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. The practical consequence of the Convention is considerable: an award made in Zambia may be enforced in the many other states party to it, and awards made elsewhere may be enforced here. The role of the courts is deliberately limited, supporting the process where necessary and reviewing awards only on the narrow grounds the Act allows.

Parties choose arbitration for reasons that vary with the dispute: confidentiality, the ability to appoint a tribunal with the right technical expertise, and cross-border enforceability. It is common in construction, energy, mining and substantial commercial contracts.

Arbitration sits alongside other forms of alternative dispute resolution, principally mediation and negotiated settlement. Practitioners at Malambo & Company hold qualifications of the Chartered Institute of Arbitrators.