INTERNATIONAL ARBITRATION

CHAPTER 6:06
INTERNATIONAL ARBITRATION

ARRANGEMENT OF SECTIONS

    SECTION

PART I
PRELIMINARY

    1.    Short title

    2.    Interpretation

    3.    Objectives

    4.    Limited application of Arbitration Act

    5.    Act to bind the Government and the Republic

PART II
INTERNATIONAL COMMERCIAL ARBITRATION

    6.    Model Law to have force of law

    7.    Matters subject to international commercial arbitration

    8.    Interpretation of Model Law

    9.    Immunity of arbitrators, arbitral tribunals, etc.

    10.    Consolidation of arbitral proceedings and concurrent hearings

    11.    Confidentiality of arbitral proceedings

    12.    Right to mediation

    13.    Application of UNCITRAL Mediation Rules

PART III
RECOGNITION AND ENFORCEMENT OF ARBITRATION AGREEMENTS AND FOREIGN ARBITRAL AWARDS

    14.    Definitions

    15.    Determination of juridical seat of arbitration

    16.    Recognition and enforcement of arbitration agreements and foreign arbitral awards

    17.    Evidence to be produced by party seeking recognition or enforcement

    18.    Refusal of recognition or enforcement

    19.    Savings

PART IV
TRANSITIONAL

    20.    Transitional

        FIRST SCHEDULE

        SECOND SCHEDULE

        THIRD SCHEDULE

7 of 2024
G.N. 51/2024

    An Act to provide for international commercial arbitration based on the Model Law on International Commercial Arbitration, as adopted by the United Nations Commission on International Trade Law; give effect to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958 and matters connected therewith

PART I
PRELIMINARY

1.    Short title

    This Act may be cited as the International Arbitration Act.

2.    Interpretation

    (1) In this Act, unless the context otherwise requires—

    “arbitration agreement” means an arbitration agreement referred to in article 7 of the Model Law;

    “arbitral tribunal” means a sole arbitrator, panel of arbitrators or permanent arbitral institution and includes an emergency arbitrator appointed pursuant to the rules of arbitration agreed to, or adopted, by the parties to the arbitration agreement, including rules of arbitration of an institution or organization;

    “award” means a decision of an arbitral tribunal on the substance of a dispute and includes any interim, interlocutory or partial award, but does not include a direction of an arbitrator;

    “Model Law” means the Model Law on International Commercial Arbitration adopted on 21st June, 1985 by the United Nations Commission on International Trade Law (UNCITRAL) and as amended by the Commission, on 7 July 2006;

    “mediation” includes conciliation; and

    “party” means a party to an arbitration agreement or, in a case where an arbitration does not involve all of the parties to the arbitration agreement, a party to the arbitration.

    (2) Unless the context otherwise requires and except so far as the contrary intention appears in this Act, a word or expression used in this Act bears the same meaning as it has in the Model Law.

3.    Objectives

    The objectives of this Act are to—

    (a)    facilitate the use of arbitration as a method of resolution of international commercial disputes;

    (b)    adopt the Model Law for use in the resolution of international commercial disputes;

    (c)    provide for the recognition and enforcement of certain arbitration agreements and arbitral awards; and

    (d)    give effect to the obligations of the Republic under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958.

4.    Limited application of Arbitration Act

    The Arbitration Act shall not apply to an arbitration agreement, arbitral award or reference to arbitration covered by this Act, except for arbitral agreements or foreign arbitral awards that are not enforceable under where Part III.

5.    Act to bind the Government and the Republic

    Act to bind the Government and the Republic

    (1) This Act shall bind the Government and the Republic and shall apply to any international commercial arbitration under an arbitration agreement to which the Government or the Republic is a party.

    (2) This Act shall not apply to an arbitration agreement between the Republic and—

    (a)    the government of a foreign country; or

    (b)    any undertaking or corporation which is wholly owned by, or is under the sole control of, the government of a foreign country, unless otherwise agreed between the Republic and that undertaking or corporation.

PART II
INTERNATIONAL COMMERCIAL ARBITRATION

6.    Model Law to have force of law

    The Model Law, the text of which is set out in the First Schedule, shall have the force of law in the Republic, subject to the Constitution and this Act.

7.    Matters subject to international commercial arbitration

    (1) For purposes of this Part, an international commercial dispute which the parties have agreed to submit to arbitration under an arbitration agreement and which relates to a matter which the parties are entitled to dispose of by agreement may be determined by arbitration, unless—

    (a)    the dispute is not capable of determination by arbitration under any written law; or

    (b)    the arbitration agreement is contrary to public policy in Malawi.

    (2) Arbitration…