Administration of Arbitration
ARBITRATION PROCEDURES AND PROCESSES
Process Overview
01
Commencement of Arbitration
Notice of Arbitration
Domestic: K1,000
International: US$250
- On filing also send to Respondent
- Provide proof of service to the SG
- May include Statement of Claim (Article 19(2))
Response to Notice of Arbitration
- On filing also send to Respondent
- Provide proof of service to the SG
- May include Statement of Defence (Article 20(3)) and Statement of Counter Claim (Article 20(4))
AND
TRANSMISSION OF CASE FILE
02
Constitution of Tribunal
Appointment of Sole Arbitrator
- Parties Agreed? If so, Art 7(3) Applies and Court appoints nominated arbitrator
- Parties do not Agree within 21 days, Court shall appoint in accordance with Art 8(3)
Process
- Court communicates identical list of at least 3 names
- Parties to return list within 7 days having deleted names objected to
- Court will appoint from names approved
(If appointment cannot be made in manner set out Court will exercise its discretion)
Appointment of Three Arbitrators
- Each Party nominate one arbitrator
- If within 14 days either or both parties fail, Court shall proceed to appoint on its/their behalf
- Unless agreed otherwise, or agreed procedure fails, or within 21 days of appointment within 21 days of appointment of 2nd arbitrator, Court shall appoint 3rd (presiding) arbitrator
Multi-Party Appointment of Arbitrators
- Parties may agree jointly to nominate sole arbitrator
Sole Arbitrator
- Parties may agree to jointly nominate
- If no appointment made in 21 days, Court shall appoint sole arbitrator
Three Arbitrators
- Claimants appoint one Arbitrator
- Respondents appoint one Arbitrator
- If within 14 days either or both parties fail, Court shall proceed to appoint on its/their behalf
03
Challenge of Arbitrators
Notice of Challenge
Domestic: K25,000
International: US$2,000.00
- Party intending to challenge an arbitrator shall file Notice of Challenge with the centre within 14 days of receipt of the Notice of Appointment of Arbitrator or 14 days after the circumstances giving rise to the challenge become known or should have been reasonably known by that Party
- On filing also send to the other Party, the arbitrator being challenged and other members of the tribunal/other appointed arbitrator (where/as applicable)
- Provide proof of service to the SG specifying mode and date of service
- Challenge Fee must be paid within time limit set by Centre or challenge shall be considered withdrawn
Where suspension is not ordered challenged arbitrator shall be entitled to continue.
Where the Other Party Agrees
Arbitrator may withdraw.
Substitute Arbitrator appointed in accordance with Article 13 (6) and Article 15.
After 7 Days
If Court accepts challenge Substitute Arbitrator appointed in accordance with Article 13 (6) and Article 15.
04
Joinder and Consolidation
05
Ad Hoc Requests for Appointments
Request for Appointment in an Ad Hoc Case
Request for Appointment
Domestic: K5,000.00
International: US$2,000.00
AND
TRANSMISSION OF CASE FILE
General flow of Arbitral Proceedings
1. Pre-constitution
a) Commencing and arbitration at LIAC
i) Parties have agreed (pre/post-dispute) to refer a dispute to arbitration to be administered by LIAC and/or to arbitration in accordance with the LIAC Rules;
ii) Filing a Notice of Arbitration; and
iii) Payment of the requisite non-refundable Case Filing Fee.
2. Constitution of Tribunal
a) Sole Arbitrator
i) Parties have agreed on nominee for sole arbitrator: Article 8 (1) of the LIAC Arbitration Rules, 2024; (proceed to iv.)
ii) Parties have not agreed on nominee for sole arbitrator: Article 8 (2) of the LIAC Arbitration Rules, 2024;
iii) LIAC Court shall proceed to appoint applying the procedure set out in Article 8 (3) of the LIAC Arbitration Rules, 2024 having regard to
b) Three-member Tribunal
i) Parties have nominated respective co-arbitrators: 9 (1) of the LIAC Arbitration Rules, 2024; (proceed to iv.)
ii) A party fails to make nomination of co-arbitrator: 9 (1) of the LIAC Arbitration Rules, 2024;
iii) LIAC Court shall proceed to appoint having regard to considerations in Article 8 (3) of the LIAC Arbitration Rules, 2024;
iv) LIAC will proceed to conduct conflict check with the prospective arbitrators in accordance with the applicable LIAC Rules;
v) Following the receipt of the duly signed Declaration, nominee(s) will be appointed by the President of LIAC Court and
vi) The Parties will be informed of the appointment(s).
vii) Third Arbitrator to be appointed in accordance with Article 9 (3) and Article 9 (4) of the LIAC Arbitration Rules, 2024.
3. Post-constitution
a) Conduct of Proceedings
i) Arbitrator may conduct proceedings in such manner as it considers appropriate as set out under Article 16.
ii) After inviting parties to express their views parties will be provided with a provisional timetable of the arbitration.
b) Applications before Tribunal (where applicable)
i) If at an appropriate time any party so requests, the Tribunal shall hold hearings, or the Tribunal may decide to hold hearing as set out under Article 16 (8).
ii) The Tribunal may, at the request of any party, grant interim measures under Article 24.
c) Award/ Consent Award
i) The Form and Effect of any Award is set out in Article 33.
ii) The Tribunal shall submit a draft of the Award to the Court and no Award shall be made by the Tribunal until it has been approved by the Court as set out in Article 33 (5).
iii) All Awards shall be made in writing and be final and binding on the parties.
4. Enforceability of Awards
Arbitral Awards issued in Zambia are enforceable in more than 160 countries through the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958) (New York Convention) subject to domestic legislation and/or requirements.