Administration of Arbitration

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.