CHAPTER 40 - ARBITRATION ACT: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION
Arbitration Act (Commencement) Order
Arbitration (Recognition and Arbitral Institutions) Regulations
Arbitration (Court Proceedings) Rules
Arbitration (Code of Conduct and Standards) Regulations
ARBITRATION ACT (COMMENCEMENT) ORDER
[Section 1]
Arrangements of Paragraphs
Paragraphs
2. Commencement of Act No. 19 of 2000
SI 30 of 2001.
This Order be may cited as the Arbitration Act (Commencement) Order, 2001.
2. Commencement of Act No. 19 of 2000
The Arbitration Act 200 shall come into operation on the date of publication on of this Order.
ARBITRATION (RECOGNITION AND ARBITRAL INSTITUTIONS) REGULATIONS
[Currency mentioned in this regulation should be re-denominated as stipulated under S 4 of Re-denomination Act, 2012, read with S 29 of Bank of Zambia Act, 1996.]
Arrangement of Regulations
Regulation
3. Application for recognition order
4. Furnishing of additional information and documents
6. Notice of refusal to issue recognition order
7. Notice of intention to revoke recognition order
8. Notice of change of name, address, constitution, rules or objects
<JL:Jump,Fees>11. Fees
SI 73 of 2001.
These Regulations may be cited as the Arbitration (Recognition of Arbitral Institutions) Regulations, 2001.
In these Regulations-
(a) "Act" means the Arbitration Act; and
(b) "applicant" means the professional body or organisation applying for a recognition order under these Regulations.
3. Application for recognition order
(1) An application for a recognition order shall be made in Form ARB1 and, in addition to the constitution or evidence of section 23, it shall be accompanied by-
(a) the rules relating to the matters referred to in section 25 of the Act; and
(b) the application fee set out in the Second Schedule which shall not be refundable.
(2) Where the constitution or rules of the applicant are not in the official language, there shall be attached to the application three copies of a translation of the constitution or rules into the official language, in addition to the copy of the constitution or rules in the language in which they were made.
4. Furnishing of additional information and documents
In addition to the documents and information referred to in Regulation 3, the Minister may require an applicant to furnish the Minister, within a specified period of not less than 21 days, with any of the following:
(a) information as to the property, movable or immovable, and the financial position of the applicant;
(b) the balance sheet of the applicant for the financial year preceding the application or for any other financial year;
(c) a list of names of members and office bearers of the applicant or any of its committees;
(d) the books of account of the applicant;
(e) minutes or written records of the proceedings of the applicant or of its governing executive body or of any of its committees;
(f) the documents of the title to any property held by the applicant;
(g) the register of members of the applicant; or
(h) any other information that the Minister may require for the determination of the application.
On recognition of a professional body or organisation as an arbitral institution, the Minister shall issue to the applicant a recognition order in Form "ARB2" in the First Schedule and shall cause the order to be published by Gazette Notice.
6. Notice of refusal to issue recognition order
Where the Minister refuses to issue a recognition order the Minister shall send to the applicant notification of the refusal in the form "ARB 3" set out in the First Schedule.
7. Notice of intention to revoke recognition order
(1) Where, under section 26 of the Act, the Minister intends to revoke a recognition order, the Minister shall notify the arbitral institution of such intention in the Form "ARB 4" set out in the First Schedule.
(2) Where the Minister revokes a recognition order, the Minister shall notify the arbitral institution, of the revocation in the form "ARB 5" set out in the First Schedule and shall cause the revocation to be published by Gazette Notice.
8. Notice of change of name address, constitution rules or objects
An Arbitral institution which changes its name, address or any of the provisions of its constitution or rules, or varies its objects shall, within 30 days of the change, notify the Minister of the change in the form "ARB 6" set out in the First Schedule.
The President or Chairperson and the Secretary of an Arbitral institution shall, not later than three months after the end of each financial year of the institution, submit to the Minister a return in relation to that year in the Form ARB 7 set out in the First Schedule.
Every office bearer and every person managing or assisting in the management in Zambia of a body or organisation for the settlement of disputes in respect of which a recognition order has been granted commits an offence and is liable to a fine not exceeding 2,500 penalty units or to imprisonment for a period not exceeding six months or both; and for a continuing offence, to a fine not exceeding 25 penalty units in respect of each day on which the offence continues.
11. Fees
The fees set out in the third column of the Second Schedule shall be payable for the matters set out opposite thereto in the Second column of that Schedule.
FORMS
1. Application for Recognition as an Arbitral Institution - Form ARB 1 (Reg. 3(1))
2. Recognition Order - Form ARB 2 (Reg. 5)
3. Notification of Refusal to Recognise an Arbitral Institution -Form ARB 3 (Reg. 6)
4. Notice of intention to Revoke Recognition of an Arbitral Institution - Form ARB 4 (Reg. 7(1))
5. Notice of Revocation of Recognition of an Arbitral Institution - Form ARB 5 (Reg. 7(2))
6. Notification of Change of Name, Address, Constitution or Rules, or variation of objects of Arbitral Institution - Form ARB 6 (Reg. 8)
7. Annual return -form ARB 7 (Reg. 9)
REPUBLIC OF ZAMBIA
FORM ARB 1
(To be completed in triplicate)
ARBITRATION ACT
The Arbitration (Recognition and Arbitral Institutions) Regulations, 2001
THE ARBITRATION RECOGNITION OF ARBITRAL INSTITUTIONS
[Regulation 3(1)]
To the Minister of Legal Affairs
The. ..............(name of professional body or organization) hereby applies for recognition as an Arbitral Institution.
The following are the particulars of professional body or organization:
1. Name of professional body or organization................
2. Office bearer:
|
Designation |
Full Names (in Capitals) |
Occupation |
Nationality |
Residential Address |
Postal Address |
Date Appointed or elected |
|
President |
..... |
..... |
..... |
..... |
..... |
..... |
|
Chairperson |
..... |
..... |
..... |
..... |
..... |
..... |
|
Vice President |
..... |
..... |
..... |
..... |
..... |
..... |
|
Secretary |
..... |
..... |
..... |
..... |
..... |
..... |
|
Treasurer |
..... |
..... |
.... |
.... |
..... |
..... |
3. Place of registered office........................
4. Postal Address ............................
Tel No:....... Fax No............ E-mail.......
5. Objects of the professional body or organisation:...............
...................................
...................................
6. The objects are set out in Clause or Rule No:................
of the Constitution or authority constituting the professional body or organisation.
7. Status of the body or organisation (state whether it is a body corporate, association, society or other type of entity).......................................
8. The professional body or organisation was established, incorporated or registered on the.................... .........day of...... 20 ..
9. The name of each body or organisation established within or outside Zambia of which the professional body or organisation is a branch or is affiliated to or connected with.......................................................................................................................
10. To the best of our knowledge and belief, there is no other existing professional body or organisation registered or established in the name identical to or so nearly resembling the names of this professional body or organisation for the resolution of disputes, so to cause confusion to its members or the public.
11. (a) Qualifications for members (State the qualifications required of members and attach any relevant Rules or other documents in support) ............................................
(b) Classes of membership:................................
(c) Present number of members:......................
12. Certification of Arbitrators (State the body, organisation or institution, recognised by the body or organisation, which certifies members arbitrators.
Attach any relevant Rules or other documents in support) .....................
13. The following Rules or provisions apply to the body or organisation to ensure the effective monitoring and enforcement of compliance with proper standards of arbitration (attach any relevant documents and identify any relevant Rules or provisions)............................................................
14. The following Rules and Provisions apply to ensure the integrity, conduct, discipline and control or arbitrators (attach any relevant documents, and identify any Rule or provisions) ...................................................................
15. Give an explanation of how investigations of complaints by parties against arbitrator are dealt with (attach relevant documents and identify any Rules or provisions applicable including any guidelines on such investigations) ..............................................................................................................................
16. State any other requirements in existence for the maintenance of proper standards of arbitration ..............................................................
17. The immovable properly held by the professional body or organisation and the manner in which such property is held or vested............................................................
18. The date of commencement of the professional body's organisation's financial year ...................................................................
19. A copy of the constitution and Rules authenticated by the officers of the professional body or organisation is attached to this application.
|
President/ |
Name |
Signature |
Date |
REPUBLIC OF ZAMBIA
FORM ARB 2
[Regulation 5]
(To be completed in triplicate)
ARBITRATION ACT
The Arbitration (Recognition and Arbitral Institutions) Regulations, 2001
RECOGNITION ORDER
Where the Minister of legal Affairs is Satisfied that ........................ has satisfied the requirements and conditions for recognition as an arbitral institution under the Arbitration Act.
NOW THEREFORE in exercise of the powers contained in that Act, the ..................... is hereby recognised within Zambia as an arbitral institution.
Made at Lusaka the........day of ....... 20 ..
REPUBLIC OF ZAMBIA
FORM ARB 3
[Regulation 6]
(To be completed in triplicate)
ARBITRATION ACT
The Arbitration (Recognition and Arbitral Institutions) Regulations, 2001
NOTIFICATION OF REFUSAL TO RECOGNISE AN ARBITRAL INSTITUTION
To the President/Chairperson of ............ (name of professional body or organisation)
I hereby give you notice that, in exercise of the powers conferred on me by section 24 of the Arbitration Act, 2000 I have this day refused to recognise the..............as Arbitral Institution under the Act, on the grounds that...................................................................
..........................................................................................................................................................................
..........................................................................................................................................................................
Dated at...... this.......... day of........... 2.
.......................................
Minister of legal Affairs
REPUBLIC OF ZAMBIA
FORM ARB 4
[Regulation 7(1)]
(To be completed in triplicate)
ARBITRATION ACT
The Arbitration (Recognition and Arbitral Institutions) Regulations, 2001
NOTICE OF INTENTION TO REVOKE RECOGNITION OF AN ARBITRAL INSTITUTION
To:.................. (name of Arbitral Institution).
TAKE NOTICE that in pursuance of section 26 of the Arbitration act, 2000 on the expiry of a period of three months from the date hereof, I intend to revoke the Recognition Order dated.................................................... recognising the .......... as an arbitral Institution under the Act on the grounds that ...............................................................
Dated at......... this........ Day of...... 20.
................................................
Minister of legal Affairs
Note: An Arbitral Institution served with the Notice may two months or, such longer period as the Minister may allow after the date of service, make representations to the Minister.
REPUBLIC OF ZAMBIA
FORM ARB 5
[Regulation 7(2)]
(to be completed in triplicate)
ARBITRATION ACT
The Arbitration (Recognition and Arbitral Institutions) Regulations, 2001
NOTICE OF REVOCATION OF RECOGNITION OF AN ARBITRAL INSTITUTION
To..................(name of Arbitral Institution).
I here give you notice that in accordance with section 26 of the Arbitration Act, I have this day revoked the Recognition Order dated ............... recognising the ................. as an Arbitral Institution on the grounds that: ...................................
Date at....... this.......... day of........ 20.
......................................
Minister of Legal Affairs
REPUBLIC OF ZAMBIA
FORM ARB 6
[Regulation 8]
(to be completed in triplicate)
ARBITRATION ACT
The Arbitration (Recognition and Arbitral Institutions) Regulations, 2001
NOTIFICATION OF CHANGE OF NAME, ADDRESS, CONSTITUTION OR RULES OR VARIATION OF OBJECTS OF ARBITRAL INSTITUTION
To the Minister of Legal Affairs
*A. Notice is hereby given that the Arbitration Institution formerly named.................................. has changed its name to ..........................
The reason for this change is......................................................
...........................................................................................................................................................................
*B. Notice is hereby given that (name of Arbitral Institution)...........................................
....................................
has changed the place of its registered office/postal address* from.....................................
............................................ to .......................................................................
President/Chairperson ..............................................
Secretary .....................................................
- Address of Arbitral Institution.......................
- Telephone No.......................................................
- Telex No...........................................................
- E-mail address.....................................................
REPUBLIC OF ZAMBIA
FORM ARB 7
[Regulation 9]
ARBITRATION ACT
The Arbitration (Recognition and Arbitral Institutions) Regulations, 2001
ANNUAL RETURN
The .................. (name of Arbitral Institution).
Date of last general meeting ................................................
Present number of members of the Arbitral Institution ............................................
Office-bearer for the current year ....................................................................
{mprestriction ids="2,3,5"}
|
Designation |
Full Names (in Capitals) |
Occupation |
Nationality |
Residential Address |
Postal Address |
Date Appointed or elected |
|
..................... |
............................. |
........................ |
................... |
................... |
....................... |
............................. |
Have there been, since the date of application for recognition or the date of the annual return, whichever is the later date, any changes in (answer Yes or No against item in question):
(a) the name of the Arbitral Institution:............
(b) The objects of the Arbitral Institution:...........
(c) The organisation established in or outside Zambia of which the arbitral institution is a branch or to which it is affiliated or with which it is connected.......
(d) The class or classes or persons to whom membership is restricted.........
(e) the title of the office bearers ......................
(f) The immovable property owned by the Arbitral institution ..........
(g) The date of commencement of the financial or business year of the Arbitral institution..............................
(h) The constitution or rules of the Arbitral Institution.............
(i) The postal address of the Arbitral Institution................
(j) The place of the registered office of the Arbitral Institution.........
If so, set out details of changes (attach separate memorandum if necessary)
............................................................................................................................................................................................................
|
President/ |
Name |
Signature |
Date |
[Regulation 11]
[Currency mentioned in this regulation should be re-denominated as stipulated under S 4 of Re-denomination Act, 2012, read with S 29 of Bank of Zambia Act, 1996.]
FEES
|
Fee Units |
|
|
1. On application under section 23 of the arbitration act for a recognition order |
100 |
|
2. Certified copy of recognition order |
100 |
|
3. Certified true copy of extract from any document in the custody of the Minister |
140 |
ARBITRATION (COURT PROCEEDINGS) RULES
[Section 32]
Arrangement of Rules
Rules
PARTI
PRELIMINARY
PART II
STAY OF PROCEEDINGS
5. Practice in the Subordinate Courts on application for stay of proceedings
6. Rules applicable to applications for stay of proceedings
7. Form of summons, notice of motion etc.
8. Costs on application for stay of proceedings
PART III
REQUEST FOR INTERIM MEASURES OF PROTECTION
9. Application for interim measure of protection
PART IV
APPOINTMENT OF ARBITRATORS
10. Application for appointment of arbitrator
PART V
PROCEDURE FOR CHALLENGE OF ARBITRATOR OR JURISDICTION OF THE ARBITRAL TRIBUNAL
11. Procedure for challenge of arbitrator or jurisdiction of arbitral tribunal
PART VI
REQUESTS FOR EXECUTORY ASSISTANCE
12. Meaning of executor assistance
13. Application for executor assistance
PART VII
ENFORCEMENT OF AWARDS
14. Meaning of judgement creditor and judgement debtor
16. Application for registration and enforcement
17. Order for registration and enforcement
21. Form of writ for enforcement
22. Other court processes for enforcement
PART VIII
SETTINGS ASIDE AN AWARD
23. Application for setting aside
24. Suspension of setting aside proceedings
PART IX
PROVISIONS TO ENSURE CONFIDENTIALITY OF ARBITRATION
25. Confidentiality of proceedings
26. Custody of records, registers and documents
27. Prohibition against inspection, search, disclosure or communication
28. Proceedings to be held in camera
29. Unlawful publication, communication or disclosure of proceedings
30. Register or arbitration proceedings
31. Particulars to be entered in register
PART X
SERVICE OF PROCESS AND CONDUCT OF PROCEEDINGS
33. Service of originating summons
34. Service of affidavit in opposition
36. Service out of the jurisdiction
37. Court assistance in taking evidence
38. General application of High Court or Subordinate Court Rules
40. Reference of application by Registrar to Judge
41. Appeals from Registrar to Judge
<JL:Jump,Forms>42. Forms
SI 75 of 2001.
PART I
PRELIMINARY
These Rules may be cited as the Arbitration (Court Proceedings) Rules, 2001.
In these Rules, unless the context otherwise requires-
"Act" means the Arbitration Act, 2001;
"Defendant" includes any party against whom relief is sought in legal proceedings as a party thereto;
"Judge" include a Judge of the High Court, the Chairman and Deputy Chairman of the industrial Relations Court or the Lands Tribunal;
"Plaintiff" includes a party seeking in legal proceedings against any other party;
"Register" includes the Registrar, a deputy Registrar and a district Registrar of the High Court, Industrial Relations Court or the Lands Tribunal.
In addition to the High Court, the Industrial Relations Court, the Lands Tribunal all Subordinate Courts are hereby designated as courts having jurisdiction, with the meaning of section 2 of the Act, to the extent provided in these Rules.
4. Practice in High Court, Industrial Relations Court and Lands Tribunal on application for stay of proceedings
(1) An application, under section 10 of the Act to the High Court, Industrial Relations Court or the Lands Tribunal for the stay of legal proceedings which are the subject of an arbitration agreement shall be made by summons in the same proceedings to the Registrar of the court or, if the proceedings are pending before a Judge, to a Judge.
(2) An application referred to in sub-rule (1) shall be supported by an affidavit-
(a) exhibiting a copy of the arbitration agreement;
(b) starting all the facts necessary for seeking a stay of the proceedings;
(c) giving particulars of any arbitration proceedings pending; and
(d) starting the names of any arbitrator or proposed arbitrator.
(3) The Summons together with a copy of affidavit in support, shall be served on all parties to the legal proceedings either by way of personal service or by letter sent by post to the address as shown in the proceedings or to the last known addresses of the parties at least 10 days before the return day.
(4) A party served with summons under sub-rule (3) may, within four days after service, file an affidavit in opposition or in answer and serve a copy thereof upon the other party at least two clear days before the return day.
(5) Additional affidavits may only be filed in the proceedings with the leave of the Court or a Judge.
(6) If an application appears to the Registrar proper for the decision of Judge, the Registrar may refer the application to a Judge and the Judge may either dispose of the application or refer it back to the Registrar with such directions as the Judge may think fit.
(7) A person affected by a decision, order, or direction of the Registrar may appeal there from to a Judge at Chambers and the appeal shall be by notice in writing to attend before the Judge without a fresh summons, within Seven days after the decision, order or direction complained of, or such further time as may be allowed by the Judge or the Registrar; and unless otherwise ordered, there shall be allowed at least two clear days between service of the notice of appeal and the return day.
5. Practice in Subordinate Courts on application for stay proceedings
(1) An application under section 10 of the Act, to a Subordinate Court for the stay of legal proceedings which are the subject of an arbitration agreement shall be made in the same proceedings by notice of motion to the Magistrate having jurisdiction in accordance with the Rules of that Court.
(2) An application referred to in sub-rule (1) shall be supported by an affidavit containing the matters referred to in the Rule 4 (2).
(3) The notice of motion together with a copy of the affidavit in support shall be served on all the parties to the legal proceedings either by way of personal service or by letter sent by post to the address shown in the proceedings or to the last known address of each of the parties at least 10 days before the return day.
(4) A party served with the notice of motion under sub-rule (3) may, within four days after service, file an affidavit in opposition or in answer and serve a copy thereof up the other party at least two days before the return day.
(5) Additional affidavits may only be filed with the leave of the court.
(6) A party affected by a decision, order or direction of a Subordinate Court may appeal to the High Court within 14 days after the decision, order or direction and in accordance with the Rules of that court.
6. Rules applicable to applications for stay
(1) After service of process, an application for the stay of proceedings in pending legal proceedings shall be disposed of by the court in accordance with the Rules of each particular court.
7. Form of summons, notice motion, etc.
The form of summons, notice of motion, affidavits and other processes to be used in applications for stay of pending legal proceedings shall be in accordance with the forms prescribed for use in each particular court.
8. Costs an application for stay of proceedings
The court or a Judge may determine the costs of an application under this Part or reserve them to the discretion of the arbitrator and may make any other appropriate order relating to such costs.
PART III
REQUESTS FOR INTERIM MEASURES OF PROTECTION
9. Application for interim measure of protection
(1) An application under section 11 of the act, to a court for an interim measure of protection shall be made to a Judge of the High Court by originating summons.
(2) An application for an interim measure of protection in the course of an application for the stay of proceedings may be made to the Court before which those proceedings are held and by ordinary summons.
(3) The application for an interim measure of protection shall be supported by an affidavit-
(a) exhibiting a copy of the arbitration agreement;
(b) stating the nature of the interim measure required;
(c) stating the particulars of the subject-matter of the dispute in respect of which the interim measure is sought;
(d) stating the particulars of any person in possession of the subject-matter of the dispute and that person's address;
(e) stating the particulars of any arbitral proceedings pending;
(f) exhibiting any ruling or finding of fact made in pending arbitral proceedings;
(g) giving an undertaking to pay damages in case the court or the arbitrator decides to discharge the interim measure or to order the payment of damages; and
(h) stating any other facts relevant to the application.
(4) An application for an interim measure of protection which is urgent may be made to the court ex parte by affidavit, in accordance with the Rules of the Court, upon filing the originating summons; and the application shall be heard inter partes on the return day stated in the originating summons.
(5) Where an application for an interim measure of protection is urgent, it shall be accompanied by a certificate of urgency.
(6) Rules of the court relating to ex parte application, service thereof and disposal or urgent applications shall apply to applications for interim measures of protection.
(7) An ex parte order granting an interim measure of protection may be discharged by the court in accordance with the rules of the court upon cause being shown.
PART IV
APPOINTMENT OF ARBITRATIONS
10. Application for appointment of arbitrator
(1) An application to the court, under section 12 of the Act, for the appointment of an arbitrator shall be made by originating summons before the Registrar of the High court.
(2) An application for the appointment of an arbitrator may be made by ordinary summons in the course of an application for stay of proceedings.
(3) An application referred in sub-rule (1) shall be supported by an affidavit-
(a) exhibiting a copy of the arbitration agreement;
(b) stating facts in support of the application, including steps taken to secure the appointment of an arbitrator; and
(c) stating the name, address and qualifications of any proposed arbitrator.
PART V
PROCEDURE FOR CHALLENGE OF ARBITRATOR OR JURISDICTION OF THE ARBITRAL TRIBUNAL
11. Procedure for challenge of arbitrator or jurisdiction of arbitral tribunal
(1) An application-
(a) to decide on a challenge by a party, of an arbitrator, under Article 13(3) of the First Schedule to the Act;
(b) to decide on any controversy regarding the termination of the mandate of an arbitrator under Article 14(1) of the First Schedule to the Act; or
(c) to decide on the jurisdiction of an arbitral tribunal under Article 16(3) of the First Schedule to the Act.
Shall be made by originating summons to a Jude of the High court.
(2) The application referred to in sub-rule(1) shall be supported by an affidavit-
(a) exhibiting a copy of the arbitration agreement;
(b) stating the facts in support of the application including steps taken in the arbitral proceedings;
(c) exhibiting any ruling or finding of fact made in the arbitral proceedings; and
(d) stating the name, occupation and qualification of the arbitrator.
(3) The affidavit shall be accompanied by such other evidence with respect to the matter referred to in Articles 13(3), 14(1) and 16(3) of the First Schedule to the Act as may be necessary.
PART VI
REQUESTS FOR EXECUTORY ASSISTANCE
12. Meaning of executory assistance
The Executory assistance under this Part includes-
(a) an order by a court directing a person to obey or comply with orders or directions made by an arbitral tribunal under section 14 of the Act;
(b) an order by a court directing the sheriff of Zambia, an under sheriff or a court bailiff or the Police to execute an order of an arbitral tribunal;
(c) an order by a court compelling a witness to produce documents or for summons or subpoena ad testifacandum to issue at the instance of the court; or
(d) any other order of the court as will ensure that the order of the arbitral tribunal made under section 14, is not rendered ineffectual.
13. Application for executory assistance
(1) An application to the court by an arbitral tribunal or a party for executory assistance under section 14 of the Act shall be made by originating summons to a Judge of the High Court.
(2) The application referred to in sub-rule (1) shall be supported by an affidavit-
(a) exhibiting a copy of the arbitration agreement;
(b) stating the fact relied upon;
(c) giving details of the steps taken in the pending arbitral proceedings and the particulars of such proceedings;
(d) stating the nature of the executory assistance required;
(e) stating the particulars of persons holding any property relevant to the arbitration agreement and the situation of the property; and
(f) exhibiting any ruling or finding of fact made in the pending arbitral proceedings.
(3) An application for executory for executory assistance which is urgent may be made to the court ex parte by affidavit in accordance with the Rules of the court upon filing the originating summons, and the application shall be heard inter partes on the return day stated in the originating summons.
(4) Where an application for executory assistance is urgent, it shall be accompanied by a certificate or urgency.
(5) Rules of the court relating to ex-parte applications, service thereof and disposal of urgent applications shall apply to application for executory assistance.
(6) An ex parte order granting executory assistance may be discharged by the court in accordance with the rules of the court upon cause being shown.
PART VII
ENFORCEMENT OF AWARDS
14. Meaning of judgement creditor and judgement debtor
In this Part-
"Judgment creditor" means the person seeking the enforcement of an award; and
"Judgment debtor" means the party to the award against whom the award is invoked.
A party that wishes to enforce an ward recognised as binding in terms of section 18 of the Act shall register the award and comply with the provisions of this Part.
16. Application for registration and enforcement
An application for the registration and enforcement of an award shall be made be ex parte originating summons to the register of the High Court.
(2) An application for the registration and enforcement of an award shall be supported by an affidavit-
(a) exhibiting the duty authenticated original award or a duly certified copy thereof;
(b) exhibiting the original arbitration agreement or a duly certified copy thereof;
(c) exhibiting a duly certified translation of the award and the arbitration agreement if they are not in the official language;
(d) specifying the rate of interest sought by the deponent or the amount of interest which has become due under the award;
(e) stating the full name, title, trade or business of the respondent so far as is known to the deponent; and
(f) stating to the best of information and belief of the deponent;
(i) that the applicant is entitled to enforce the award;
(ii) that at the date of the application, the award has not been satisfied, or if the award has been not been satisfied , or if the award has been satisfied in part, stating the amount or any other matter which remains unsatisfied;
(iii) if the award is a foreign award, that at the date of the application the award can be enforced by execution in the country in which it was made; and
(vi) that the award is valid and binding on the parties and has not been set aside or suspended in Zambia or in the country in which, or under the law of which, it was made.
(3) Where the sum payable under the award is expressed in a currency other than currency of the Republic of Zambia, the affidavit shall also state the amount which that sum represents in the currency of the Republic, Calculated at the average rate of exchange prevailing at the date of enforcement of the award.
(4) The court may in respect of an application for registration order the applicant to find security for the costs of the application and of any proceedings which may thereafter be brought to set aside the registration to the award.
(5) If an application for setting aside or for the suspension of an award has been made in accordance with section 19 of the Act to a court of the country in which the ward was made, the court dealing with the application for registration and enforcement may, adjourn its decision and direct the applicant to issue summons and serve the application and the affidavit upon the other party.
(6) If an application for setting aside or for the suspension of an award has been made to a court in the country or under the law of which the award was made, the judgement creditor may apply to the court for an order compelling the debtor to provide appropriate security.
(7) An application for security under sub rule (7) shall be by summons and supported by an affidavit of facts.
17. Order for registration and enforcement
(1) An order giving leave to register an award shall be drawn up by or on behalf of the judgement creditor and the order shall not be required to be served on the judgement debtor.
(2) An order referred to in sub rule (1) shall state a period, not exceeding 90 days from the date of receipt of the award by the applicant, within which an application may be made to set aside the registration and shall contain a notification that execution of the award will not issue until expiration of that period.
(1) There shall be kept at every Registry of the High Court a register of arbitration awards ordered to be registered under these Rules.
(2) The Registrar shall record in the register, in relation to each award, the following:
(a) the registration number;
(b) the date of registration;
(c) the full particulars of the award registered and the order for registration;
(d) the name and address of the judgement creditor or the judgement creditor's legal practitioner or agent on whom , and at which any summons or other court process issued by the judgement debtor may be served;
(e) the name and address of the judgement debtor;
(f) the amount due under the award or any other order made under the award for the transfer, possession or delivery of property; and
(g) the rate of interest or amount of interest due under the award.
(1) The applicant shall file in court a written notice of the registration of the award and serve it on the other parties-
(a) in the case of a party within the jurisdiction, by personal service as in the case of a writ of summons, unless some other mode of service is ordered; or
(b) in the case of a party outside the jurisdiction, in accordance with the rules applicable to the service of a writ of summons out of the jurisdiction.
(2) The notice of registration shall state-
(a) the full particulars of the award registered and the order for registration;
(b) the date of registration;
(c) the name and address of the judgement creditor or the judgement creditor's legal practitioner or agent on whom, and at which any summons issued by the other party may be served;
(d) the name and address of the judgement creditor;
(e) the right of the judgement debtor to apply on the grounds specified in section 17 of the Act to have the registration set aside; and
(f) in accordance with the term of the order giving leave to register, within what time from the date of service of the notice an application to set aside the registration may be made:
(3) Within three days from the date of service or within such extended period as may in special circumstances, be allowed by order of the court, the notice or a copy thereof shall be endorsed by the person serving the notice with the date on which service was affected, and if the notice is not so endorsed, the judgement creditor shall not issue execution on the award without the leave of the court or a Judge.
(4) An affidavit of service of a notice referred to in sub-rule (2) shall state on what day it was endorsed in the manner required by sub-rule (3).
(1) Execution shall not issue on a registered award until after the expiration of the period specified in the order giving leave to register as the period within which an application may be made to set aside the registration.
(2) If an application is made to set aside the registration of the award, execution shall not issue until the application has been disposed of.
(3) The party wishing to issue execution upon a registered award shall file in court an affidavit of service of the notice of registration and of any order made by the court in relation to the award registered.
In the case of a registered award the form of a writ of execution or fieri-facias shall be varied as follows:
For the words "which said sum of money and interest were lately before us in the High court for Zambia" etc., there shall be substituted the words:" which said sum of money and interest were lately in.. (describing the arbitration in which the award was rendered)", etc." which award has been duly registered", etc., and which award has been duly registered in the High Court for Zambia pursuant to the Arbitration Act, 2000".
22. Other court processes of enforcement
A party entitled to enforce an award may invoke any of the processes available under the High Court Rules for the enforcement of judgments, including writs of possessions, writs of fieri facias and writs of elegit.
PART VIII
SETTING ASIDE AN AWARD
23. Application for setting aside
(1) An application, under section 17 of the Act, to set aside an award shall be made by originating summons to a Judge of the High court.
(2) The application referred to in sub-rule (1) shall be supported by an affidavit-
(a) exhibiting the original award or a certified copy thereof;
(b) exhibiting the original arbitration agreement or duly certified copy thereof;
(c) stating to the best of the knowledge and belief of the deponent, the facts relied upon in support of the application; and
(d) stating the date of receipt of the award by the party applying to set aside the award.
(3) The affidavit shall be accompanied by such other evidence with respect to the matters referred to in sub-section (2) of section 17 of the Act, as may be necessary to support the application.
(4) On an application to set aside an award, the court may direct that an issue between the parties shall be stated and tried and may give such direction in relation to the trial of such issue as may be necessary, to make any other considered necessary in the circumstances.
24. Suspension of setting aside proceedings
(1) An application, under sub-section (4) of section 17 of the Act, to suspend setting aside proceedings shall be made by summons to the Judge hearing the application for setting aside.
(2) The application referred to in sub-rule (1) shall be supported by an affidavit deposing to the relevant facts.
PART IX
PROVISIONS TO ENSURE CONFIDENTIALITY OF ARBITRATION
25. Confidentiality of proceedings
Applications made to a court in relation to arbitral proceedings shall be treated with utmost confidentiality.
26. Custody of records, registers and documents
All records, registers and other documents relating to legal proceedings under the Act shall, while they are in the custody of the court, be confidential and shall be kept in a place of special security.
27. Prohibition against inspection, search, disclosure or communication
(1) Except as is required or authorised by or under the Act, any law or by these Rules , or with the leave of the court, no document or order held by or lodged with the court in legal proceedings under the Act shall be open to inspection or search by any person, except the parties, their legal practitioners or their representatives; and no copy of any such document or order, or of an extract from any such document or order , shall be taken by or issued to any person.
(2) Section 27 of the act, mutatis mutandis, apply to proceedings under these Rule.
28. Proceedings to be held in camera
All legal proceedings under these Rules shall be held in camera.
29. Unlawful publication communication or disclosure of legal proceedings
Any person who, in contravention of Rules 25, 26 and 27 publishes, communicates or discloses any information relating to proceedings under the Act commits contempt of court and is liable, on conviction, to the same penalties prescribed in section 116 of the Penal Code.
30. Register of arbitral proceedings
All legal proceedings under the Act shall be recorded in a separate register to be called the register of arbitral proceedings, which shall be maintained at the Principal Registry and all District Registries of the High Court.
31. Particulars to be entered in register
The following particulars shall be entered in the register of arbitral proceedings, in respect of each legal proceedings:
(a) cause number, with the abbreviations/ARB as part of the number;
(b) date of filing;
(c) names of parties;
(d) name of arbitrator;
(e) date and details of award; and
(f) any remarks relevant to the arbitral proceedings.
PART X
SERVICE OF PROCESS AND CONDUCT OF PROCEDURES
Summons issued under these Rules, shall be served at least seven clear days before the return day, unless provided or ordered otherwise.
33. Service of originating summons
An originating summons and any support affidavit issued under these Rules shall be served at least 14 days before the return day.
34. Service of affidavit in opposition
A party served with a originating summons or summons and an affidavit may, within seven days after service, file an affidavit in opposition or in answer and shall deliver a copy of that party's affidavit to the party serving the originating summons or summons at least two clear days before the return day.
Additional affidavits, other than those specified in these Rules, shall not be filed in legal proceedings without the leave of the court or a Judge.
36. Service out of the Jurisdiction
(1) Service out of the jurisdiction of any originating summons or an order made on such summons, may be effected with the leave of the Court if the arbitration to which the summons or order relate is governed by the law of Zambia or has been, is being, or is to be held in Zambia.
(2) Service out of jurisdiction of an originating summons for leave to register and enforce an award may be effected with the leave of the court whether or not the arbitration is governed by the law of Zambia.
(3) An application for the grant of leave under this Rule shall be supported by an affidavit stating the grounds on which the application is made, and stating in what place or country the person to be served is, or probably maybe found; and leave shall not be granted unless the Court considers that the case is a proper one for service out of the jurisdiction under this rule.
PART XI
COURT ASSISTANCE IN TAKING EVIDENCE
37. Court assistance in taking evidence
(1) An application under Article 27 of the first Schedule to the Act to a court by an arbitral tribunal or a party for assistance in taking evidence shall be made by originating summons before the Registrar.
(2) The application referred to under sub-rule (1) shall be supported by an affidavit-
(a) exhibiting the arbitration agreement;
(b) giving details and particulars of the arbitration and the stage of the arbitral proceedings; and
(c) stating the type of assistance required in taking evidence.
(3) The originating summons and affidavit shall be served on all the parties and, if the arbitral tribunal is not the originator of the application, on the tribunal.
PART XII
GENERAL
38. General application of High court or Subordinate Court rules
(1) Where these Rules do not provide for any particular matter or do not make sufficient provision enabling a court to dispose of a matter before it or to enable a party to prosecute its case, the Rules of the High Court or of the subordinate court, as the case may be, relating to civil proceedings with these Rules.
(2) Parties to legal proceedings shall also be entitled to make ancillary and incidental applications and to invoke other necessary court processes, available under the High court Rules, in dealing with applications under these Rules.
Upon hearing an application under these rules, the Court or a Judge may order the costs to be in the arbitration or reserve them in the discretion of the arbitrator or may make such other order as the court or the Judge may deem fit.
40. Reference of application by Registrar to Judge
If an application under these Rules appears to the Registrar proper for the decision of a Judge, the Registrar may refer it to a Judge and the Judge may either dispose of the proceedings or refer the application to the Registrar with such directions as the Judge may think fit.
41. Appeals from Registrar to Judge
(1) Except as otherwise provided in the Act, a party affected by a decision of the Registrar under these Rules, may appeal there from to a Judge at Chambers and the appeal shall be by notice in writing to attend before the Judge without a fresh summons, within seven days after the decision complained of, or such further time as may be allowed by the Judge or the Registrar.
(2) Unless otherwise ordered, there shall be allowed at least two clear days between service of the notice of appeal and the return day.
42. Forms
The forms in the First Schedule may be used in all matters , causes and proceedings to which they are applicable, under these Rules with such variations as circumstances may require.
(1) The fees specified in the Second Schedule shall be payable in respect of applications to the High court by the party at whose instance they are incurred, and may afterwards be recovered as costs of the cause, if the court or a Judge so orders.
(2) The court fees payable in respect of applications for the stay of legal proceedings under Part II of these Rules, shall be those payable in respect of civil matters before the court in which the proceedings are held.
[Rule 41]
REPUBLIC OF ZAMBIA
H.C. ARB 1
GENERAL TITLE OF ORIGINATING SUMMONS AND OTHER DOCUMENTS IN LEGAL PROCEEDINGS
IN THE HIGH COURT ZAMBIA
2..../H.../ARB/No....(a)
AT THE PRINCIPAL/DISTRICT REGISTRY (b)
IN THE MATTER OF THE ARBITRATION ACT, 2000
AND
IN THE MATTER OF AB ARBITRATION
BETWEEN:
A.B. PLAINTIFF
AND
C.D. DEFENDANT
.......................(c)
(a) Here put in the year, letter and number, in an action commenced in the principal Registry at Lusaka, the letters shall be HP. In actions commenced in the Ndola, Kitwe or Livingstone District Registries respectively the letters shall be, HN, HK or HL respectively.
(b) delete if inapplicable
(c) insert description of document.
REPUBLIC OF ZAMBIA
H.C. ARB 2
ORIGINATING SUMMONS
[General Title]
LET C.D. of ......... attend before the Learned Deputy/District Registrar [or Judge] in Chambers at the High Court [Lusaka/Ndola/Kitwe etc] on the day....... of...........20. at hours on the hearing of an application by the Plaintiff A B of that
DATED the .......... day of ...... 20.
This Summons was taken out by:
of ...............................
Advocate for the said Plaintiff whose address for service is at .........
And whose postal address for service is at
[or this Summons was taken out by:
of........... agent for
of........... Advocate for the said Plaintiff whose address is as stated above]
[or where the Plaintiff sues in person. This Summons was taken out by the said Plaintiff who resides at............. and (if the Plaintiff does not reside within the Jurisdiction) whose address for services is.
Note: If a Defendant does not attend personally or by his Counsel or Advocate at the time and place above mentioned such order will be made as the Court may think just and expedient.
Note: A defendant served with this summons and a supporting Affidavit may within 7 days after service of this summons on him, counting the day of service, lodge with the Court an Affidavit in Opposition Origin Answer, in accordance with the Rules of the Court.
REPUBLIC OF ZAMBIA
H.C. ARB 3
EX PARTE ORIGINATING SUMMONS
[General Title]
LET ALL PARTIES CONCERNED attend before the learned Deputy/District Registrar [or Judge] in Chambers at the High Court........ on the ................. day of .......20..... at ..... hours on the hearing of an application by AB that
Dated the......... day of........... 20.
This summons was taken out by:
Of...............
[agent for ......... of ..................]
Advocate for the Plaintiff/Defendant.
REPUBLIC OF ZAMBIA
H.C. ARB 4
CERTIFICATE OF URGENCY
[General Title]
I,........... the Advocate having the care and conduct of this matter on behalf of the Plaintiff/Defendant [or where the party sues in person........ the plaintiff/Defendant in this Act in this action]. DO HEREBY CERTIFY that the application for [Interlocutory Injunction/executory assistance/interim measure of protection (1)] filed herewith is of utmost urgency and calls for immediate determination, on the grounds that:
Dated the ......... day of ........20.
....................................
Signed:
Advocate for the Plaintiff/Defendant
(1) Describe nature of relief application.
REPUBLIC OF ZAMBIA
SUMMONS
H.C. ARB 5
[General Title]
LET ALL PARTIES CONCERNED attend before the Learned Deputy/District Registrar [or Judge] in Chambers at............ on the ......... day of .......... 2....... at ......hours on the hearing of an application on the part of........... For an order that
Dated at.......... this....... day of.........20.
This summons was taken out by:...........of.........Advocates for the Plaintiff /Defendant.
To:.......... of................and to his Advocates
REPUBLIC OF ZAMBIA
NOTICE OF APPEAL TO A JUDGE AT CHAMBERS
H.C. ARB 6
[General Title]
TAKE NOTICE that the above named Defendant/Plaintiff intends to appeal against the Decision/Ruling of the Learned Deputy/District Registrar given on the ..... Day of .......20..... which decides
That: (1)
AND FURTHER TAKE NOTICE that you are required to attend before the Honourable Mr. Justice...................... in Chambers on the ............ day of ...... 20 ... at ..... hours on the hearing of an application by the Defendant/Plaintiff that the ............
Ruling of the District Registrar be set aside.
AND FURTHER TAKE NOTICE that the Plaintiff/Defendant will rely on the following Grounds: (2)
AND FURTHER TAKE NOTICE that at the hearing of this Appeal the Plaintiff/Defendant will rely on the Affidavit or...... filed herewith(3).
Dated at Ndola this ......... day of......... 20.
This Notice was filed by:.............. of .......... Advocates for the ...........................
To: ....................of..........and to his Advocates
(1) Summarise the decision or ruling
(2) State the grounds of appeal
(3) This paragraph is only necessary if an Affidavit is filed with the Notice
REPUBLIC OF ZAMBIA
H.C. ARB 7
NOTICE OF REGISTRATION OF AN AWARD
[Rule 18(1)]
REGISTRATION No. ...../ARB/2
To............ of .......................
TAKE NOTICE that the award rendered by.............. of...........
[arbitrator] in an arbitration between......... And ................. of .............. has been registered in the "Register of Arbitral Awards" in the High Court at ..........
PARTICULARS:
1. DESCRIPTION OF THE AWARDS REGISTERED AND ORDER FOR REGISTRATION (Describe the arbitration, parties, the award and the arbitrator who rendered the award, as well as the court which registered it, with dates, places and Registration Number):
2. NAME AND ADDRESS OF THE JUDGMENT DEBTOR OR HIS ADVOCATES OR AGENT ON WHOM SUMMONS OR DOCUMENTS MAY BE SERVED:
3. NAME AND ADDRESS OF THE JUDGMENT CREDITOR PARTY REGISTERING THAT AWARD OR HIS ADVOCATES OR AGENT ON WHOM SUMMONS OR DOCUMENTS MAY BE SERVED:
NOTES: (a) The Judgement Debtor has a right to apply on the ground stated in Section 17 of the Arbitration Act, 2000 to have the Registration set aside.
(b) An application to set aside registration of an award must be made within the period of ..... days which is the period stated in the order granting leave to register the award.
ENDORSEMENT TO BE MADE WITHIN THREE DAYS AFTER SERVICE
This Notice was served by me at........... on the Judgement Debtor............. on the .......... day of........ 20........ endorsed the....... day of.......20.
(Signed): ..................................
Address: ....................................
[Rule 42]
GENERAL FEES APPLICABLE TO APPLICATIONS MADE TO THE HIGH COURT UNLESS WHERE OTHERWISE SPECIFICALLY LAID DOWN IN THE HIGH COURT RULES
|
First column |
Second column |
Third column |
|
|
No. |
Description |
Fees units |
Document to be receipted |
|
1. |
On Sealing an originating summons whether Ex parte or Inter Partes |
556 |
The filed copy |
|
2. |
On sealing a concurrent or renewed originating summons |
56 |
The Praecipe |
|
3. |
On sealing any amendment |
56 |
The filed copy |
|
4. |
On sealing a summons in chambers |
84 |
The summons |
|
5. |
On filing a summons for Restoration of a matter which has been struck out for non attendance |
168 |
The summons |
|
6. |
On sealing a commission or letter of request for examination of a witness abroad |
84 |
The praecipe or understanding |
|
7. |
On examination of a witness before an officer of the court (including the examination of a judgement debtor) for each half hour or part thereof NB: Where the officer is required to take the examination away from his office, his Reasonable travelling and other expenses are also payable. |
139 |
The order of Praecipe |
|
8. |
On sealing a praecipe for a writ of subpoena for each witness |
56 |
The Praecipe |
|
9. |
On filing any Affidavit |
56 |
The filed copy |
|
10. |
On entering or sealing an order giving leave to register an award |
112 |
The order |
|
11. |
On sealing any other order made in Chambers |
84 |
The order |
|
12. |
On personal and individual search in the "Register" of Arbitration proceedings" and any Court record of the proceedings |
56 |
The Search form |
|
13. |
On filing a Notice of Registration of an Award |
84 |
The filed copy |
|
14 |
On filing a Certificate of Urgency |
45 |
The filed copy |
|
15. |
Any filing of Notice not specifically provided for |
45 |
The filed copy |
|
16. |
On filing a Notice of Appeal to Judge in Chambers |
168 |
The filed copy |
ARBITRATION (CODE OF CONDUCT AND STANDARDS) REGULATIONS
[Section 29]
Arrangement of Regulations
Regulation
SI 12 of 2007.
These Regulations may be cited as the Arbitration (Code of Conduct and Standards) Regulations, 2007.
In these Regulations, unless the context otherwise requires-
"Act" means the Arbitration Act, 2000;
"Arbitration" has the meaning assigned to it by the Act; and
"Arbitrator" means a neutral third party who is-
(a) appointed by the parties to an arbitration agreement;
(b) appointed in accordance with section 12 or 13 of the Act; or
(c) appointed by an arbitral institution which is recognised as such in accordance with section 23 of the Act;
to provide a fair and adequate hearing to the parties to a dispute and render a binding award at the end of the arbitral proceedings.
Every arbitrator conducting arbitral proceedings in Zambia shall be bound by the Code of Conduct set out in the Schedule.
[Regulation 3]
PART I
PROFESSIONAL CONDUCT
1. Fairness and impartiality
(1) An arbitrator shall act fairly and impartially as between the parties-
(a) in conducting the arbitral proceedings;
(b) in the arbitrator's decisions on matters of procedure and evidence; and
(c) in the exercise of other powers conferred on the arbitrator.
(2) An arbitrator shall treat each party fairly and shall-
(a) give each party a reasonable opportunity to put their case and to sufficiently deal with that of the party's opponent; and
(b) during the conduct of the arbitral proceedings, adopt procedure which are suitable to the case and will avoid unnecessary delay and expense in resolving the dispute.
(3) If an arbitrator is of the opinion that the arbitrator cannot be impartial in a manner the arbitrator shall disclose the fact to the parties and immediately withdraw from the matter.
2. Disclosure
(1) An arbitrator shall disclose at the earliest opportunity any prior interest or relationship that may affect impartiality and or independence or which might reasonably raise doubts as to the arbitral proceedings.
(2) If the circumstances requiring disclosure are not known to the arbitrator prior to acceptance of an appointment or at the commencement of the arbitral proceedings, disclosure shall be made when such circumstance become known to the arbitrator.
(3) The burden of disclosure rests on the arbitrator and the duty to disclose is a continuing duty which does not cease until the arbitration has been concluded.
(4) After appropriate disclosure, the arbitrator may serve if both parties so desire, provided that if the arbitrator believes or perceives that there is a clear conflict of interest, the arbitrator should withdraw, irrespective of the expressed desires of the parties.
(5) An arbitrator shall avoid entering into any financial business, professional, family or social relationship, or acquiring any financial or personal interest, which might adversely affect impartiality and for a reasonable period of time after a case, an arbitrator shall avoid entering into any such relationship, or acquiring any such interest, in circumstance which might reasonably create the unfavourable appearance that the arbitrator was influenced by the anticipation or expectation of the relationship or interest.
(6) An arbitrator shall not accept any gift or substantial hospitality, form any party to the arbitration, except in the presence of and with the consent of the other party.
3. Conflict of Interest
An arbitrator shall not establish a relationship with any of the parties in a matter related to the arbitration which may give rise to a conflict of interest.
4. Acceptance of Appointment
(1) An arbitrator shall only accept an appointment if the arbitrator possesses the qualifications required for the arbitration and has suitable experience and ability for the case.
(2) An arbitrator must be physically and mentally capable of conducting the arbitral proceedings.
5. Conduct of proceedings
(1) An arbitrator shall-
(a) take reasonable steps to ensure that the parties understand the arbitration process before the arbitration commences;
(b) accord all parties the right to appear in person and to be heard after due notice of the time and place of hearing;
(c) allow any party the opportunity to be represented by counsel; and
(2) An arbitrator who is a lawyer shall not represent any party to the arbitration or provide legal advice to the parties.
(3) An arbitrator shall conduct the arbitration with reasonable dispatch and shall attend hearings and participate in deliberations. An arbitrator shall follow the procedure agreed by the parties and shall deal with all the issues.
(4) Where there is more than one arbitrator, the arbitrators shall accord each other an opportunity to participate in all aspects of the proceedings.
6. Settlement
(1) Where practicable, an arbitrator shall advise the parties to explore the possibility of reaching an amicable settlement of a matter:
Provided that the arbitrator shall not be present at a settlement negotiation, except where expressly requested by the parties.
(2) Where an arbitrator is present at a settlement negotiation and the negotiations fail to culminate into a settlement, the arbitrator shall withdraw from the conduct of the arbitration.
7. Confidentiality
An Arbitrator shall not disclose to anyone who is not a party to the arbitral proceedings any information or documents that are exchanged in the course of the proceedings except-
(a) with the consent of the parties concerned;
(b) when ordered to do so by a court or otherwise required to do so by law; or
(c) when the information discloses an actual or potential threat to human life or national security.
8. Impropriety
(1) An arbitrator shall-
(a) avoid impropriety in communicating with the parties;
(b) ensure that all communications are in writing; and
(c) not communicate privately with any party regarding substantive issues in the case.
(2) Notwithstanding clause (c) of sub-paragraph (1), an arbitrator may communicate with a party to the proceedings in the absence of another party where-
(a) the communication concerns the determination of the time and place of hearing;
(b) the other party does not attend a hearing after due notice; or
(c) both parties consent to the discussion.
(3) Where an arbitrator communicates in writing with one party, the arbitrator shall concurrently send a copy of the communication to the other party.
9. Arbitrator's qualifications
(1) An arbitrator shall-
(a) provide accurate information regarding the arbitrator's educational background, training and experience; and
(b) not actively solicit appointment as an arbitrator.
(2) An arbitrator has an obligation to acquire and maintain professional skills and abilities which are required to uphold the quality of arbitration.
10. Fees
An arbitrator shall-
(a) disclose the basis of fees, disbursements and other charges at the outset, to enable the parties decide on the retainer; and
(b) charge reasonable fees-
(i) having regard to the complexity of the matter, the time required, the experience of the arbitrator and the rates customary in the particular discipline or dispute; or
(ii) according to the fees prescribed by an arbitral institution.
11. Court annexed arbitration
An arbitrator shall, in the case of court annexed arbitration, abide by such fees as may be determined by the Court or prescribed by an arbitral institution.
12. Jurisdiction
(1) An arbitrator shall observe faithfully both the limitations and inclusions of the jurisdiction conferred by an agreement or other instrument under which the arbitrator serves.
(2) A direct settlements by the parties of some or all issues in case, at any stage of the proceedings, must be accepted by the arbitrator as removing further jurisdiction over such issues.
13. Decision making
(1) An arbitrator shall, after careful deliberation, decide all issues submitted for determination and shall refrain from deciding other issues. It is important to observe that an arbitrator does not delegate the duty to decide to any other person.
(2) An arbitrator shall decide all matters justly, exercising independent judgement, and shall not permit outside pressure to affect the decision.
(3) In the event that all parties agree upon a settlement of issues in dispute and request an arbitrator to embody that agreement in an award, an arbitrator may do so, but the arbitrator is not obliged to do so unless satisfied with the propriety of the terms of settlement.
(4) Whenever an arbitrator embodies a settlement by the parties in an award, the arbitrator shall state in the award that it is based on an agreement of the parties.
14. Reliance by an arbitrator on other arbitration awards or on independent research
An arbitrator shall assume full personal responsibility for the decision in each case decided.
15. Use of assistants
An arbitrator shall not delegate any decision-making functions to another person without the consent of the parties.
16. Consent awards
(1) Prior to issuance of an award, the parties may jointly request the arbitrator to include in the award certain agreements between them, concerning some or all of the issues.
(2) If the arbitrator believes that a suggested award is proper, fair, sound, and lawful, and that it is consistent with professional responsibility the arbitrator may adopt it.
17. Avoidance of delay
(1) It is a basic professional responsibility of an arbitrator to plan a work schedule so that present and future commitments will be fulfilled in a timely manner.
(2) An arbitrator shall cooperate with the parties in avoiding delays.
(3) Once the case record has been closed, an arbitrator shall adhere to the time limits for an award, as stipulated in the submission to arbitrate or the order for directions.
18. Disclosure of terms award
An arbitrator shall not disclose a prospective award to either party prior to its simultaneous issuance to both parties or explore possible alternative awards unilaterally with one party, unless both parties so agree.
19. Clarification or interpretation of awards
(1) An application for a clarification or interpretation of an award shall be made in accordance with article 33 of the UNCITRAL Model Law:
Provided that no clarification or interpretation of an award is permissible without the consent of both parties.
(2) Under agreements which permit or require clarification or interpretation of an award, an arbitrator shall afford both parties an opportunity to be heard.
20. Enforcement of award
(1) The arbitrator's responsibility shall not extend to the enforcement of an award.
(2) In view of the professional and confidential nature of the arbitration relationship, an arbitrator shall not voluntarily participate in legal enforcement proceedings.
21. Fees and expenses
(1) An arbitrator occupies a position of trust in respect to the parties and the administrative agencies. In charging for services and expenses, the arbitrator shall be governed by the same high standards of honour and integrity that apply to all other phases of the arbitration process.
(2) An arbitrator shall endeavour to keep the total charges for services and expenses reasonable and consistent with the nature of the case or cases decided and within the prescribed scale of fees.
(3) Prior to appointment, the parties should be aware of or be able readily to determine all significant aspects of an arbitrator's bases for charges for fees and expenses.
(4) An arbitrator shall maintain adequate records to support charges for services and expenses and shall make an accounting to the parties on request.
22. Responsibilities to the profession
(1) An arbitrator shall uphold the dignity and integrity of the office and endeavour to provide effective service to the parties; to this end, an arbitrator should keep current with principles, practices and developments that are relevant in the practice of arbitration.
(2) An arbitrator shall not engage in conduct that would appear to compromise the arbitrator's impartiality.
(3) An arbitrator may publicise their expertise but shall not actively solicit appointment as an arbitrator.
(4) An experienced arbitrator shall cooperate in the training of new arbitrators.
(5) An arbitrator shall not make false or misleading representations in advertising and neither shall they perform the functions designated for arbitral institutions without seeking the permission of such institutions.
(6) For the avoidance of doubt, an arbitrator shall, prior to publishing an advertisement obtain written approval of the intended advertisement from the Zambia Association of Arbitrators.
PART II
UNPROFESSIONAL CONDUCT
23. Professional misconduct
(1) An arbitrator shall be guilty of professional misconduct if, in the course of practice, the arbitrator-
(a) contravenes the provisions of the Act and these Regulations;
(b) unlawfully discloses or uses to their own advantage any information acquired in the course of professional work on behalf of a client;
(c) engages in conduct that is dishonest, fraudulent or deceitful;
(d) commits a criminal offence;
(e) engages in conduct that is prejudicial to the proper administration of the arbitration process.
(f) charges fees for professional work on scales other than the scales prescribed by an arbitral institution or determined by the court.
(g) breaches the principles of this Code of Conduct and brings the profession into disrepute;
(h) encourages another person to breach or disregard the principles of this code;
(i) Attempts to influence unfairly, whether directly or indirectly, the award in an arbitration;
(j) obtains or attempts to obtain an appointment as an arbitrator by offering or paying monetary or other consideration or inducement to any person or by any other improper means;
(k) touts for, or in any way solicits for, appointment as an arbitrator;
(l) attempts to supplant or discredit another arbitrator with a view to unfairly influencing an appointment; or
(m) conducts oneself dishonourably in connection with the work performed by that person as an arbitrator.
24. Reporting misconduct
(1) Any person who has reasonable ground to believe that an arbitrator has violated this code shall make a written complaint with details of the alleged misconduct to the Zambia Association of Arbitrators and the Association shall determine the complaint in accordance with its rules.
(2) A report of the alleged misconduct shall not be construed as a violation of this Code unless proved otherwise.
{/mprestriction}
CHAPTER 40 - ARBITRATION ACT: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION
Arbitration Act (Commencement) Order
Arbitration (Recognition and Arbitral Institutions) Regulations
Arbitration (Court Proceedings) Rules
Arbitration (Code of Conduct and Standards) Regulations
ARBITRATION ACT (COMMENCEMENT) ORDER
[Section 1]
Arrangements of Paragraphs
Paragraphs
2. Commencement of Act No. 19 of 2000
SI 30 of 2001.
This Order be may cited as the Arbitration Act (Commencement) Order, 2001.
2. Commencement of Act No. 19 of 2000
The Arbitration Act 200 shall come into operation on the date of publication on of this Order.
ARBITRATION (RECOGNITION AND ARBITRAL INSTITUTIONS) REGULATIONS
[Currency mentioned in this regulation should be re-denominated as stipulated under S 4 of Re-denomination Act, 2012, read with S 29 of Bank of Zambia Act, 1996.]
Arrangement of Regulations
Regulation
3. Application for recognition order
4. Furnishing of additional information and documents
6. Notice of refusal to issue recognition order
7. Notice of intention to revoke recognition order
8. Notice of change of name, address, constitution, rules or objects
SI 73 of 2001.
These Regulations may be cited as the Arbitration (Recognition of Arbitral Institutions) Regulations, 2001.
In these Regulations-
(a) "Act" means the Arbitration Act; and
(b) "applicant" means the professional body or organisation applying for a recognition order under these Regulations.
3. Application for recognition order
(1) An application for a recognition order shall be made in Form ARB1 and, in addition to the constitution or evidence of section 23, it shall be accompanied by-
(a) the rules relating to the matters referred to in section 25 of the Act; and
(b) the application fee set out in the Second Schedule which shall not be refundable.
(2) Where the constitution or rules of the applicant are not in the official language, there shall be attached to the application three copies of a translation of the constitution or rules into the official language, in addition to the copy of the constitution or rules in the language in which they were made.
4. Furnishing of additional information and documents
In addition to the documents and information referred to in Regulation 3, the Minister may require an applicant to furnish the Minister, within a specified period of not less than 21 days, with any of the following:
(a) information as to the property, movable or immovable, and the financial position of the applicant;
(b) the balance sheet of the applicant for the financial year preceding the application or for any other financial year;
(c) a list of names of members and office bearers of the applicant or any of its committees;
(d) the books of account of the applicant;
(e) minutes or written records of the proceedings of the applicant or of its governing executive body or of any of its committees;
(f) the documents of the title to any property held by the applicant;
(g) the register of members of the applicant; or
(h) any other information that the Minister may require for the determination of the application.
On recognition of a professional body or organisation as an arbitral institution, the Minister shall issue to the applicant a recognition order in Form "ARB2" in the First Schedule and shall cause the order to be published by Gazette Notice.
6. Notice of refusal to issue recognition order
Where the Minister refuses to issue a recognition order the Minister shall send to the applicant notification of the refusal in the form "ARB 3" set out in the First Schedule.
7. Notice of intention to revoke recognition order
(1) Where, under section 26 of the Act, the Minister intends to revoke a recognition order, the Minister shall notify the arbitral institution of such intention in the Form "ARB 4" set out in the First Schedule.
(2) Where the Minister revokes a recognition order, the Minister shall notify the arbitral institution, of the revocation in the form "ARB 5" set out in the First Schedule and shall cause the revocation to be published by Gazette Notice.
8. Notice of change of name address, constitution rules or objects
An Arbitral institution which changes its name, address or any of the provisions of its constitution or rules, or varies its objects shall, within 30 days of the change, notify the Minister of the change in the form "ARB 6" set out in the First Schedule.
The President or Chairperson and the Secretary of an Arbitral institution shall, not later than three months after the end of each financial year of the institution, submit to the Minister a return in relation to that year in the Form ARB 7 set out in the First Schedule.
Every office bearer and every person managing or assisting in the management in Zambia of a body or organisation for the settlement of disputes in respect of which a recognition order has been granted commits an offence and is liable to a fine not exceeding 2,500 penalty units or to imprisonment for a period not exceeding six months or both; and for a continuing offence, to a fine not exceeding 25 penalty units in respect of each day on which the offence continues.
11. Fees
The fees set out in the third column of the Second Schedule shall be payable for the matters set out opposite thereto in the Second column of that Schedule.
FORMS
1. Application for Recognition as an Arbitral Institution - Form ARB 1 (Reg. 3(1))
2. Recognition Order - Form ARB 2 (Reg. 5)
3. Notification of Refusal to Recognise an Arbitral Institution -Form ARB 3 (Reg. 6)
4. Notice of intention to Revoke Recognition of an Arbitral Institution - Form ARB 4 (Reg. 7(1))
5. Notice of Revocation of Recognition of an Arbitral Institution - Form ARB 5 (Reg. 7(2))
6. Notification of Change of Name, Address, Constitution or Rules, or variation of objects of Arbitral Institution - Form ARB 6 (Reg. 8)
7. Annual return -form ARB 7 (Reg. 9)
REPUBLIC OF ZAMBIA
FORM ARB 1
(To be completed in triplicate)
ARBITRATION ACT
The Arbitration (Recognition and Arbitral Institutions) Regulations, 2001
THE ARBITRATION RECOGNITION OF ARBITRAL INSTITUTIONS
[Regulation 3(1)]
To the Minister of Legal Affairs
The. ..............(name of professional body or organization) hereby applies for recognition as an Arbitral Institution.
The following are the particulars of professional body or organization:
1. Name of professional body or organization................
2. Office bearer:
|
Designation |
Full Names (in Capitals) |
Occupation |
Nationality |
Residential Address |
Postal Address |
Date Appointed or elected |
|
President |
..... |
..... |
..... |
..... |
..... |
..... |
|
Chairperson |
..... |
..... |
..... |
..... |
..... |
..... |
|
Vice President |
..... |
..... |
..... |
..... |
..... |
..... |
|
Secretary |
..... |
..... |
..... |
..... |
..... |
..... |
|
Treasurer |
..... |
..... |
.... |
.... |
..... |
..... |
3. Place of registered office........................
4. Postal Address ............................
Tel No:....... Fax No............ E-mail.......
5. Objects of the professional body or organisation:...............
...................................
...................................
6. The objects are set out in Clause or Rule No:................
of the Constitution or authority constituting the professional body or organisation.
7. Status of the body or organisation (state whether it is a body corporate, association, society or other type of entity).......................................
8. The professional body or organisation was established, incorporated or registered on the.................... .........day of...... 20 ..
9. The name of each body or organisation established within or outside Zambia of which the professional body or organisation is a branch or is affiliated to or connected with.......................................................................................................................
10. To the best of our knowledge and belief, there is no other existing professional body or organisation registered or established in the name identical to or so nearly resembling the names of this professional body or organisation for the resolution of disputes, so to cause confusion to its members or the public.
11. (a) Qualifications for members (State the qualifications required of members and attach any relevant Rules or other documents in support) ............................................
(b) Classes of membership:................................
(c) Present number of members:......................
12. Certification of Arbitrators (State the body, organisation or institution, recognised by the body or organisation, which certifies members arbitrators.
Attach any relevant Rules or other documents in support) .....................
13. The following Rules or provisions apply to the body or organisation to ensure the effective monitoring and enforcement of compliance with proper standards of arbitration (attach any relevant documents and identify any relevant Rules or provisions)............................................................
14. The following Rules and Provisions apply to ensure the integrity, conduct, discipline and control or arbitrators (attach any relevant documents, and identify any Rule or provisions) ...................................................................
15. Give an explanation of how investigations of complaints by parties against arbitrator are dealt with (attach relevant documents and identify any Rules or provisions applicable including any guidelines on such investigations) ..............................................................................................................................
16. State any other requirements in existence for the maintenance of proper standards of arbitration ..............................................................
17. The immovable properly held by the professional body or organisation and the manner in which such property is held or vested............................................................
18. The date of commencement of the professional body's organisation's financial year ...................................................................
19. A copy of the constitution and Rules authenticated by the officers of the professional body or organisation is attached to this application.
|
President/ |
Name |
Signature |
Date |
REPUBLIC OF ZAMBIA
FORM ARB 2
[Regulation 5]
(To be completed in triplicate)
ARBITRATION ACT
The Arbitration (Recognition and Arbitral Institutions) Regulations, 2001
RECOGNITION ORDER
Where the Minister of legal Affairs is Satisfied that ........................ has satisfied the requirements and conditions for recognition as an arbitral institution under the Arbitration Act.
NOW THEREFORE in exercise of the powers contained in that Act, the ..................... is hereby recognised within Zambia as an arbitral institution.
Made at Lusaka the........day of ....... 20 ..
REPUBLIC OF ZAMBIA
FORM ARB 3
[Regulation 6]
(To be completed in triplicate)
ARBITRATION ACT
The Arbitration (Recognition and Arbitral Institutions) Regulations, 2001
NOTIFICATION OF REFUSAL TO RECOGNISE AN ARBITRAL INSTITUTION
To the President/Chairperson of ............ (name of professional body or organisation)
I hereby give you notice that, in exercise of the powers conferred on me by section 24 of the Arbitration Act, 2000 I have this day refused to recognise the..............as Arbitral Institution under the Act, on the grounds that...................................................................
..........................................................................................................................................................................
..........................................................................................................................................................................
Dated at...... this.......... day of........... 2.
.......................................
Minister of legal Affairs
REPUBLIC OF ZAMBIA
FORM ARB 4
[Regulation 7(1)]
(To be completed in triplicate)
ARBITRATION ACT
The Arbitration (Recognition and Arbitral Institutions) Regulations, 2001
NOTICE OF INTENTION TO REVOKE RECOGNITION OF AN ARBITRAL INSTITUTION
To:.................. (name of Arbitral Institution).
TAKE NOTICE that in pursuance of section 26 of the Arbitration act, 2000 on the expiry of a period of three months from the date hereof, I intend to revoke the Recognition Order dated.................................................... recognising the .......... as an arbitral Institution under the Act on the grounds that ...............................................................
Dated at......... this........ Day of...... 20.
................................................
Minister of legal Affairs
Note: An Arbitral Institution served with the Notice may two months or, such longer period as the Minister may allow after the date of service, make representations to the Minister.
REPUBLIC OF ZAMBIA
FORM ARB 5
[Regulation 7(2)]
(to be completed in triplicate)
ARBITRATION ACT
The Arbitration (Recognition and Arbitral Institutions) Regulations, 2001
NOTICE OF REVOCATION OF RECOGNITION OF AN ARBITRAL INSTITUTION
To..................(name of Arbitral Institution).
I here give you notice that in accordance with section 26 of the Arbitration Act, I have this day revoked the Recognition Order dated ............... recognising the ................. as an Arbitral Institution on the grounds that: ...................................
Date at....... this.......... day of........ 20.
......................................
Minister of Legal Affairs
REPUBLIC OF ZAMBIA
FORM ARB 6
[Regulation 8]
(to be completed in triplicate)
ARBITRATION ACT
The Arbitration (Recognition and Arbitral Institutions) Regulations, 2001
NOTIFICATION OF CHANGE OF NAME, ADDRESS, CONSTITUTION OR RULES OR VARIATION OF OBJECTS OF ARBITRAL INSTITUTION
To the Minister of Legal Affairs
*A. Notice is hereby given that the Arbitration Institution formerly named.................................. has changed its name to ..........................
The reason for this change is......................................................
...........................................................................................................................................................................
*B. Notice is hereby given that (name of Arbitral Institution)...........................................
....................................
has changed the place of its registered office/postal address* from.....................................
............................................ to .......................................................................
President/Chairperson ..............................................
Secretary .....................................................
- Address of Arbitral Institution.......................
- Telephone No.......................................................
- Telex No...........................................................
- E-mail address.....................................................
REPUBLIC OF ZAMBIA
FORM ARB 7
[Regulation 9]
ARBITRATION ACT
The Arbitration (Recognition and Arbitral Institutions) Regulations, 2001
ANNUAL RETURN
The .................. (name of Arbitral Institution).
Date of last general meeting ................................................
Present number of members of the Arbitral Institution ............................................
Office-bearer for the current year ....................................................................
{mprestriction ids="2,3,5"}
|
Designation |
Full Names (in Capitals) |
Occupation |
Nationality |
Residential Address |
Postal Address |
Date Appointed or elected |
|
..................... |
............................. |
........................ |
................... |
................... |
....................... |
............................. |
Have there been, since the date of application for recognition or the date of the annual return, whichever is the later date, any changes in (answer Yes or No against item in question):
(a) the name of the Arbitral Institution:............
(b) The objects of the Arbitral Institution:...........
(c) The organisation established in or outside Zambia of which the arbitral institution is a branch or to which it is affiliated or with which it is connected.......
(d) The class or classes or persons to whom membership is restricted.........
(e) the title of the office bearers ......................
(f) The immovable property owned by the Arbitral institution ..........
(g) The date of commencement of the financial or business year of the Arbitral institution..............................
(h) The constitution or rules of the Arbitral Institution.............
(i) The postal address of the Arbitral Institution................
(j) The place of the registered office of the Arbitral Institution.........
If so, set out details of changes (attach separate memorandum if necessary)
............................................................................................................................................................................................................
|
President/ |
Name |
Signature |
Date |
[Regulation 11]
[Currency mentioned in this regulation should be re-denominated as stipulated under S 4 of Re-denomination Act, 2012, read with S 29 of Bank of Zambia Act, 1996.]
FEES
|
Fee Units |
|
|
1. On application under section 23 of the arbitration act for a recognition order |
100 |
|
2. Certified copy of recognition order |
100 |
|
3. Certified true copy of extract from any document in the custody of the Minister |
140 |
ARBITRATION (COURT PROCEEDINGS) RULES
[Section 32]
Arrangement of Rules
Rules
PARTI
PRELIMINARY
PART II
STAY OF PROCEEDINGS
5. Practice in the Subordinate Courts on application for stay of proceedings
6. Rules applicable to applications for stay of proceedings
7. Form of summons, notice of motion etc.
8. Costs on application for stay of proceedings
PART III
REQUEST FOR INTERIM MEASURES OF PROTECTION
9. Application for interim measure of protection
PART IV
APPOINTMENT OF ARBITRATORS
10. Application for appointment of arbitrator
PART V
PROCEDURE FOR CHALLENGE OF ARBITRATOR OR JURISDICTION OF THE ARBITRAL TRIBUNAL
11. Procedure for challenge of arbitrator or jurisdiction of arbitral tribunal
PART VI
REQUESTS FOR EXECUTORY ASSISTANCE
12. Meaning of executor assistance
13. Application for executor assistance
PART VII
ENFORCEMENT OF AWARDS
14. Meaning of judgement creditor and judgement debtor
16. Application for registration and enforcement
17. Order for registration and enforcement
21. Form of writ for enforcement
22. Other court processes for enforcement
PART VIII
SETTINGS ASIDE AN AWARD
23. Application for setting aside
24. Suspension of setting aside proceedings
PART IX
PROVISIONS TO ENSURE CONFIDENTIALITY OF ARBITRATION
25. Confidentiality of proceedings
26. Custody of records, registers and documents
27. Prohibition against inspection, search, disclosure or communication
28. Proceedings to be held in camera
29. Unlawful publication, communication or disclosure of proceedings
30. Register or arbitration proceedings
31. Particulars to be entered in register
PART X
SERVICE OF PROCESS AND CONDUCT OF PROCEEDINGS
33. Service of originating summons
34. Service of affidavit in opposition
36. Service out of the jurisdiction
37. Court assistance in taking evidence
38. General application of High Court or Subordinate Court Rules
40. Reference of application by Registrar to Judge
41. Appeals from Registrar to Judge
SI 75 of 2001.
PART I
PRELIMINARY
These Rules may be cited as the Arbitration (Court Proceedings) Rules, 2001.
In these Rules, unless the context otherwise requires-
"Act" means the Arbitration Act, 2001;
"Defendant" includes any party against whom relief is sought in legal proceedings as a party thereto;
"Judge" include a Judge of the High Court, the Chairman and Deputy Chairman of the industrial Relations Court or the Lands Tribunal;
"Plaintiff" includes a party seeking in legal proceedings against any other party;
"Register" includes the Registrar, a deputy Registrar and a district Registrar of the High Court, Industrial Relations Court or the Lands Tribunal.
In addition to the High Court, the Industrial Relations Court, the Lands Tribunal all Subordinate Courts are hereby designated as courts having jurisdiction, with the meaning of section 2 of the Act, to the extent provided in these Rules.
4. Practice in High Court, Industrial Relations Court and Lands Tribunal on application for stay of proceedings
(1) An application, under section 10 of the Act to the High Court, Industrial Relations Court or the Lands Tribunal for the stay of legal proceedings which are the subject of an arbitration agreement shall be made by summons in the same proceedings to the Registrar of the court or, if the proceedings are pending before a Judge, to a Judge.
(2) An application referred to in sub-rule (1) shall be supported by an affidavit-
(a) exhibiting a copy of the arbitration agreement;
(b) starting all the facts necessary for seeking a stay of the proceedings;
(c) giving particulars of any arbitration proceedings pending; and
(d) starting the names of any arbitrator or proposed arbitrator.
(3) The Summons together with a copy of affidavit in support, shall be served on all parties to the legal proceedings either by way of personal service or by letter sent by post to the address as shown in the proceedings or to the last known addresses of the parties at least 10 days before the return day.
(4) A party served with summons under sub-rule (3) may, within four days after service, file an affidavit in opposition or in answer and serve a copy thereof upon the other party at least two clear days before the return day.
(5) Additional affidavits may only be filed in the proceedings with the leave of the Court or a Judge.
(6) If an application appears to the Registrar proper for the decision of Judge, the Registrar may refer the application to a Judge and the Judge may either dispose of the application or refer it back to the Registrar with such directions as the Judge may think fit.
(7) A person affected by a decision, order, or direction of the Registrar may appeal there from to a Judge at Chambers and the appeal shall be by notice in writing to attend before the Judge without a fresh summons, within Seven days after the decision, order or direction complained of, or such further time as may be allowed by the Judge or the Registrar; and unless otherwise ordered, there shall be allowed at least two clear days between service of the notice of appeal and the return day.
5. Practice in Subordinate Courts on application for stay proceedings
(1) An application under section 10 of the Act, to a Subordinate Court for the stay of legal proceedings which are the subject of an arbitration agreement shall be made in the same proceedings by notice of motion to the Magistrate having jurisdiction in accordance with the Rules of that Court.
(2) An application referred to in sub-rule (1) shall be supported by an affidavit containing the matters referred to in the Rule 4 (2).
(3) The notice of motion together with a copy of the affidavit in support shall be served on all the parties to the legal proceedings either by way of personal service or by letter sent by post to the address shown in the proceedings or to the last known address of each of the parties at least 10 days before the return day.
(4) A party served with the notice of motion under sub-rule (3) may, within four days after service, file an affidavit in opposition or in answer and serve a copy thereof up the other party at least two days before the return day.
(5) Additional affidavits may only be filed with the leave of the court.
(6) A party affected by a decision, order or direction of a Subordinate Court may appeal to the High Court within 14 days after the decision, order or direction and in accordance with the Rules of that court.
6. Rules applicable to applications for stay
(1) After service of process, an application for the stay of proceedings in pending legal proceedings shall be disposed of by the court in accordance with the Rules of each particular court.
7. Form of summons, notice motion, etc.
The form of summons, notice of motion, affidavits and other processes to be used in applications for stay of pending legal proceedings shall be in accordance with the forms prescribed for use in each particular court.
8. Costs an application for stay of proceedings
The court or a Judge may determine the costs of an application under this Part or reserve them to the discretion of the arbitrator and may make any other appropriate order relating to such costs.
PART III
REQUESTS FOR INTERIM MEASURES OF PROTECTION
9. Application for interim measure of protection
(1) An application under section 11 of the act, to a court for an interim measure of protection shall be made to a Judge of the High Court by originating summons.
(2) An application for an interim measure of protection in the course of an application for the stay of proceedings may be made to the Court before which those proceedings are held and by ordinary summons.
(3) The application for an interim measure of protection shall be supported by an affidavit-
(a) exhibiting a copy of the arbitration agreement;
(b) stating the nature of the interim measure required;
(c) stating the particulars of the subject-matter of the dispute in respect of which the interim measure is sought;
(d) stating the particulars of any person in possession of the subject-matter of the dispute and that person's address;
(e) stating the particulars of any arbitral proceedings pending;
(f) exhibiting any ruling or finding of fact made in pending arbitral proceedings;
(g) giving an undertaking to pay damages in case the court or the arbitrator decides to discharge the interim measure or to order the payment of damages; and
(h) stating any other facts relevant to the application.
(4) An application for an interim measure of protection which is urgent may be made to the court ex parte by affidavit, in accordance with the Rules of the Court, upon filing the originating summons; and the application shall be heard inter partes on the return day stated in the originating summons.
(5) Where an application for an interim measure of protection is urgent, it shall be accompanied by a certificate of urgency.
(6) Rules of the court relating to ex parte application, service thereof and disposal or urgent applications shall apply to applications for interim measures of protection.
(7) An ex parte order granting an interim measure of protection may be discharged by the court in accordance with the rules of the court upon cause being shown.
PART IV
APPOINTMENT OF ARBITRATIONS
10. Application for appointment of arbitrator
(1) An application to the court, under section 12 of the Act, for the appointment of an arbitrator shall be made by originating summons before the Registrar of the High court.
(2) An application for the appointment of an arbitrator may be made by ordinary summons in the course of an application for stay of proceedings.
(3) An application referred in sub-rule (1) shall be supported by an affidavit-
(a) exhibiting a copy of the arbitration agreement;
(b) stating facts in support of the application, including steps taken to secure the appointment of an arbitrator; and
(c) stating the name, address and qualifications of any proposed arbitrator.
PART V
PROCEDURE FOR CHALLENGE OF ARBITRATOR OR JURISDICTION OF THE ARBITRAL TRIBUNAL
11. Procedure for challenge of arbitrator or jurisdiction of arbitral tribunal
(1) An application-
(a) to decide on a challenge by a party, of an arbitrator, under Article 13(3) of the First Schedule to the Act;
(b) to decide on any controversy regarding the termination of the mandate of an arbitrator under Article 14(1) of the First Schedule to the Act; or
(c) to decide on the jurisdiction of an arbitral tribunal under Article 16(3) of the First Schedule to the Act.
Shall be made by originating summons to a Jude of the High court.
(2) The application referred to in sub-rule(1) shall be supported by an affidavit-
(a) exhibiting a copy of the arbitration agreement;
(b) stating the facts in support of the application including steps taken in the arbitral proceedings;
(c) exhibiting any ruling or finding of fact made in the arbitral proceedings; and
(d) stating the name, occupation and qualification of the arbitrator.
(3) The affidavit shall be accompanied by such other evidence with respect to the matter referred to in Articles 13(3), 14(1) and 16(3) of the First Schedule to the Act as may be necessary.
PART VI
REQUESTS FOR EXECUTORY ASSISTANCE
12. Meaning of executory assistance
The Executory assistance under this Part includes-
(a) an order by a court directing a person to obey or comply with orders or directions made by an arbitral tribunal under section 14 of the Act;
(b) an order by a court directing the sheriff of Zambia, an under sheriff or a court bailiff or the Police to execute an order of an arbitral tribunal;
(c) an order by a court compelling a witness to produce documents or for summons or subpoena ad testifacandum to issue at the instance of the court; or
(d) any other order of the court as will ensure that the order of the arbitral tribunal made under section 14, is not rendered ineffectual.
13. Application for executory assistance
(1) An application to the court by an arbitral tribunal or a party for executory assistance under section 14 of the Act shall be made by originating summons to a Judge of the High Court.
(2) The application referred to in sub-rule (1) shall be supported by an affidavit-
(a) exhibiting a copy of the arbitration agreement;
(b) stating the fact relied upon;
(c) giving details of the steps taken in the pending arbitral proceedings and the particulars of such proceedings;
(d) stating the nature of the executory assistance required;
(e) stating the particulars of persons holding any property relevant to the arbitration agreement and the situation of the property; and
(f) exhibiting any ruling or finding of fact made in the pending arbitral proceedings.
(3) An application for executory for executory assistance which is urgent may be made to the court ex parte by affidavit in accordance with the Rules of the court upon filing the originating summons, and the application shall be heard inter partes on the return day stated in the originating summons.
(4) Where an application for executory assistance is urgent, it shall be accompanied by a certificate or urgency.
(5) Rules of the court relating to ex-parte applications, service thereof and disposal of urgent applications shall apply to application for executory assistance.
(6) An ex parte order granting executory assistance may be discharged by the court in accordance with the rules of the court upon cause being shown.
PART VII
ENFORCEMENT OF AWARDS
14. Meaning of judgement creditor and judgement debtor
In this Part-
"Judgment creditor" means the person seeking the enforcement of an award; and
"Judgment debtor" means the party to the award against whom the award is invoked.
A party that wishes to enforce an ward recognised as binding in terms of section 18 of the Act shall register the award and comply with the provisions of this Part.
16. Application for registration and enforcement
An application for the registration and enforcement of an award shall be made be ex parte originating summons to the register of the High Court.
(2) An application for the registration and enforcement of an award shall be supported by an affidavit-
(a) exhibiting the duty authenticated original award or a duly certified copy thereof;
(b) exhibiting the original arbitration agreement or a duly certified copy thereof;
(c) exhibiting a duly certified translation of the award and the arbitration agreement if they are not in the official language;
(d) specifying the rate of interest sought by the deponent or the amount of interest which has become due under the award;
(e) stating the full name, title, trade or business of the respondent so far as is known to the deponent; and
(f) stating to the best of information and belief of the deponent;
(i) that the applicant is entitled to enforce the award;
(ii) that at the date of the application, the award has not been satisfied, or if the award has been not been satisfied , or if the award has been satisfied in part, stating the amount or any other matter which remains unsatisfied;
(iii) if the award is a foreign award, that at the date of the application the award can be enforced by execution in the country in which it was made; and
(vi) that the award is valid and binding on the parties and has not been set aside or suspended in Zambia or in the country in which, or under the law of which, it was made.
(3) Where the sum payable under the award is expressed in a currency other than currency of the Republic of Zambia, the affidavit shall also state the amount which that sum represents in the currency of the Republic, Calculated at the average rate of exchange prevailing at the date of enforcement of the award.
(4) The court may in respect of an application for registration order the applicant to find security for the costs of the application and of any proceedings which may thereafter be brought to set aside the registration to the award.
(5) If an application for setting aside or for the suspension of an award has been made in accordance with section 19 of the Act to a court of the country in which the ward was made, the court dealing with the application for registration and enforcement may, adjourn its decision and direct the applicant to issue summons and serve the application and the affidavit upon the other party.
(6) If an application for setting aside or for the suspension of an award has been made to a court in the country or under the law of which the award was made, the judgement creditor may apply to the court for an order compelling the debtor to provide appropriate security.
(7) An application for security under sub rule (7) shall be by summons and supported by an affidavit of facts.
17. Order for registration and enforcement
(1) An order giving leave to register an award shall be drawn up by or on behalf of the judgement creditor and the order shall not be required to be served on the judgement debtor.
(2) An order referred to in sub rule (1) shall state a period, not exceeding 90 days from the date of receipt of the award by the applicant, within which an application may be made to set aside the registration and shall contain a notification that execution of the award will not issue until expiration of that period.
(1) There shall be kept at every Registry of the High Court a register of arbitration awards ordered to be registered under these Rules.
(2) The Registrar shall record in the register, in relation to each award, the following:
(a) the registration number;
(b) the date of registration;
(c) the full particulars of the award registered and the order for registration;
(d) the name and address of the judgement creditor or the judgement creditor's legal practitioner or agent on whom , and at which any summons or other court process issued by the judgement debtor may be served;
(e) the name and address of the judgement debtor;
(f) the amount due under the award or any other order made under the award for the transfer, possession or delivery of property; and
(g) the rate of interest or amount of interest due under the award.
(1) The applicant shall file in court a written notice of the registration of the award and serve it on the other parties-
(a) in the case of a party within the jurisdiction, by personal service as in the case of a writ of summons, unless some other mode of service is ordered; or
(b) in the case of a party outside the jurisdiction, in accordance with the rules applicable to the service of a writ of summons out of the jurisdiction.
(2) The notice of registration shall state-
(a) the full particulars of the award registered and the order for registration;
(b) the date of registration;
(c) the name and address of the judgement creditor or the judgement creditor's legal practitioner or agent on whom, and at which any summons issued by the other party may be served;
(d) the name and address of the judgement creditor;
(e) the right of the judgement debtor to apply on the grounds specified in section 17 of the Act to have the registration set aside; and
(f) in accordance with the term of the order giving leave to register, within what time from the date of service of the notice an application to set aside the registration may be made:
(3) Within three days from the date of service or within such extended period as may in special circumstances, be allowed by order of the court, the notice or a copy thereof shall be endorsed by the person serving the notice with the date on which service was affected, and if the notice is not so endorsed, the judgement creditor shall not issue execution on the award without the leave of the court or a Judge.
(4) An affidavit of service of a notice referred to in sub-rule (2) shall state on what day it was endorsed in the manner required by sub-rule (3).
(1) Execution shall not issue on a registered award until after the expiration of the period specified in the order giving leave to register as the period within which an application may be made to set aside the registration.
(2) If an application is made to set aside the registration of the award, execution shall not issue until the application has been disposed of.
(3) The party wishing to issue execution upon a registered award shall file in court an affidavit of service of the notice of registration and of any order made by the court in relation to the award registered.
In the case of a registered award the form of a writ of execution or fieri-facias shall be varied as follows:
For the words "which said sum of money and interest were lately before us in the High court for Zambia" etc., there shall be substituted the words:" which said sum of money and interest were lately in.. (describing the arbitration in which the award was rendered)", etc." which award has been duly registered", etc., and which award has been duly registered in the High Court for Zambia pursuant to the Arbitration Act, 2000".
22. Other court processes of enforcement
A party entitled to enforce an award may invoke any of the processes available under the High Court Rules for the enforcement of judgments, including writs of possessions, writs of fieri facias and writs of elegit.
PART VIII
SETTING ASIDE AN AWARD
23. Application for setting aside
(1) An application, under section 17 of the Act, to set aside an award shall be made by originating summons to a Judge of the High court.
(2) The application referred to in sub-rule (1) shall be supported by an affidavit-
(a) exhibiting the original award or a certified copy thereof;
(b) exhibiting the original arbitration agreement or duly certified copy thereof;
(c) stating to the best of the knowledge and belief of the deponent, the facts relied upon in support of the application; and
(d) stating the date of receipt of the award by the party applying to set aside the award.
(3) The affidavit shall be accompanied by such other evidence with respect to the matters referred to in sub-section (2) of section 17 of the Act, as may be necessary to support the application.
(4) On an application to set aside an award, the court may direct that an issue between the parties shall be stated and tried and may give such direction in relation to the trial of such issue as may be necessary, to make any other considered necessary in the circumstances.
24. Suspension of setting aside proceedings
(1) An application, under sub-section (4) of section 17 of the Act, to suspend setting aside proceedings shall be made by summons to the Judge hearing the application for setting aside.
(2) The application referred to in sub-rule (1) shall be supported by an affidavit deposing to the relevant facts.
PART IX
PROVISIONS TO ENSURE CONFIDENTIALITY OF ARBITRATION
25. Confidentiality of proceedings
Applications made to a court in relation to arbitral proceedings shall be treated with utmost confidentiality.
26. Custody of records, registers and documents
All records, registers and other documents relating to legal proceedings under the Act shall, while they are in the custody of the court, be confidential and shall be kept in a place of special security.
27. Prohibition against inspection, search, disclosure or communication
(1) Except as is required or authorised by or under the Act, any law or by these Rules , or with the leave of the court, no document or order held by or lodged with the court in legal proceedings under the Act shall be open to inspection or search by any person, except the parties, their legal practitioners or their representatives; and no copy of any such document or order, or of an extract from any such document or order , shall be taken by or issued to any person.
(2) Section 27 of the act, mutatis mutandis, apply to proceedings under these Rule.
28. Proceedings to be held in camera
All legal proceedings under these Rules shall be held in camera.
29. Unlawful publication communication or disclosure of legal proceedings
Any person who, in contravention of Rules 25, 26 and 27 publishes, communicates or discloses any information relating to proceedings under the Act commits contempt of court and is liable, on conviction, to the same penalties prescribed in section 116 of the Penal Code.
30. Register of arbitral proceedings
All legal proceedings under the Act shall be recorded in a separate register to be called the register of arbitral proceedings, which shall be maintained at the Principal Registry and all District Registries of the High Court.
31. Particulars to be entered in register
The following particulars shall be entered in the register of arbitral proceedings, in respect of each legal proceedings:
(a) cause number, with the abbreviations/ARB as part of the number;
(b) date of filing;
(c) names of parties;
(d) name of arbitrator;
(e) date and details of award; and
(f) any remarks relevant to the arbitral proceedings.
PART X
SERVICE OF PROCESS AND CONDUCT OF PROCEDURES
Summons issued under these Rules, shall be served at least seven clear days before the return day, unless provided or ordered otherwise.
33. Service of originating summons
An originating summons and any support affidavit issued under these Rules shall be served at least 14 days before the return day.
34. Service of affidavit in opposition
A party served with a originating summons or summons and an affidavit may, within seven days after service, file an affidavit in opposition or in answer and shall deliver a copy of that party's affidavit to the party serving the originating summons or summons at least two clear days before the return day.
Additional affidavits, other than those specified in these Rules, shall not be filed in legal proceedings without the leave of the court or a Judge.
36. Service out of the Jurisdiction
(1) Service out of the jurisdiction of any originating summons or an order made on such summons, may be effected with the leave of the Court if the arbitration to which the summons or order relate is governed by the law of Zambia or has been, is being, or is to be held in Zambia.
(2) Service out of jurisdiction of an originating summons for leave to register and enforce an award may be effected with the leave of the court whether or not the arbitration is governed by the law of Zambia.
(3) An application for the grant of leave under this Rule shall be supported by an affidavit stating the grounds on which the application is made, and stating in what place or country the person to be served is, or probably maybe found; and leave shall not be granted unless the Court considers that the case is a proper one for service out of the jurisdiction under this rule.
PART XI
COURT ASSISTANCE IN TAKING EVIDENCE
37. Court assistance in taking evidence
(1) An application under Article 27 of the first Schedule to the Act to a court by an arbitral tribunal or a party for assistance in taking evidence shall be made by originating summons before the Registrar.
(2) The application referred to under sub-rule (1) shall be supported by an affidavit-
(a) exhibiting the arbitration agreement;
(b) giving details and particulars of the arbitration and the stage of the arbitral proceedings; and
(c) stating the type of assistance required in taking evidence.
(3) The originating summons and affidavit shall be served on all the parties and, if the arbitral tribunal is not the originator of the application, on the tribunal.
PART XII
GENERAL
38. General application of High court or Subordinate Court rules
(1) Where these Rules do not provide for any particular matter or do not make sufficient provision enabling a court to dispose of a matter before it or to enable a party to prosecute its case, the Rules of the High Court or of the subordinate court, as the case may be, relating to civil proceedings with these Rules.
(2) Parties to legal proceedings shall also be entitled to make ancillary and incidental applications and to invoke other necessary court processes, available under the High court Rules, in dealing with applications under these Rules.
Upon hearing an application under these rules, the Court or a Judge may order the costs to be in the arbitration or reserve them in the discretion of the arbitrator or may make such other order as the court or the Judge may deem fit.
40. Reference of application by Registrar to Judge
If an application under these Rules appears to the Registrar proper for the decision of a Judge, the Registrar may refer it to a Judge and the Judge may either dispose of the proceedings or refer the application to the Registrar with such directions as the Judge may think fit.
41. Appeals from Registrar to Judge
(1) Except as otherwise provided in the Act, a party affected by a decision of the Registrar under these Rules, may appeal there from to a Judge at Chambers and the appeal shall be by notice in writing to attend before the Judge without a fresh summons, within seven days after the decision complained of, or such further time as may be allowed by the Judge or the Registrar.
(2) Unless otherwise ordered, there shall be allowed at least two clear days between service of the notice of appeal and the return day.
42. Forms
The forms in the First Schedule may be used in all matters , causes and proceedings to which they are applicable, under these Rules with such variations as circumstances may require.
(1) The fees specified in the Second Schedule shall be payable in respect of applications to the High court by the party at whose instance they are incurred, and may afterwards be recovered as costs of the cause, if the court or a Judge so orders.
(2) The court fees payable in respect of applications for the stay of legal proceedings under Part II of these Rules, shall be those payable in respect of civil matters before the court in which the proceedings are held.
[Rule 41]
REPUBLIC OF ZAMBIA
H.C. ARB 1
GENERAL TITLE OF ORIGINATING SUMMONS AND OTHER DOCUMENTS IN LEGAL PROCEEDINGS
IN THE HIGH COURT ZAMBIA
2..../H.../ARB/No....(a)
AT THE PRINCIPAL/DISTRICT REGISTRY (b)
IN THE MATTER OF THE ARBITRATION ACT, 2000
AND
IN THE MATTER OF AB ARBITRATION
BETWEEN:
A.B. PLAINTIFF
AND
C.D. DEFENDANT
.......................(c)
(a) Here put in the year, letter and number, in an action commenced in the principal Registry at Lusaka, the letters shall be HP. In actions commenced in the Ndola, Kitwe or Livingstone District Registries respectively the letters shall be, HN, HK or HL respectively.
(b) delete if inapplicable
(c) insert description of document.
REPUBLIC OF ZAMBIA
H.C. ARB 2
ORIGINATING SUMMONS
[General Title]
LET C.D. of ......... attend before the Learned Deputy/District Registrar [or Judge] in Chambers at the High Court [Lusaka/Ndola/Kitwe etc] on the day....... of...........20. at hours on the hearing of an application by the Plaintiff A B of that
DATED the .......... day of ...... 20.
This Summons was taken out by:
of ...............................
Advocate for the said Plaintiff whose address for service is at .........
And whose postal address for service is at
[or this Summons was taken out by:
of........... agent for
of........... Advocate for the said Plaintiff whose address is as stated above]
[or where the Plaintiff sues in person. This Summons was taken out by the said Plaintiff who resides at............. and (if the Plaintiff does not reside within the Jurisdiction) whose address for services is.
Note: If a Defendant does not attend personally or by his Counsel or Advocate at the time and place above mentioned such order will be made as the Court may think just and expedient.
Note: A defendant served with this summons and a supporting Affidavit may within 7 days after service of this summons on him, counting the day of service, lodge with the Court an Affidavit in Opposition Origin Answer, in accordance with the Rules of the Court.
REPUBLIC OF ZAMBIA
H.C. ARB 3
EX PARTE ORIGINATING SUMMONS
[General Title]
LET ALL PARTIES CONCERNED attend before the learned Deputy/District Registrar [or Judge] in Chambers at the High Court........ on the ................. day of .......20..... at ..... hours on the hearing of an application by AB that
Dated the......... day of........... 20.
This summons was taken out by:
Of...............
[agent for ......... of ..................]
Advocate for the Plaintiff/Defendant.
REPUBLIC OF ZAMBIA
H.C. ARB 4
CERTIFICATE OF URGENCY
[General Title]
I,........... the Advocate having the care and conduct of this matter on behalf of the Plaintiff/Defendant [or where the party sues in person........ the plaintiff/Defendant in this Act in this action]. DO HEREBY CERTIFY that the application for [Interlocutory Injunction/executory assistance/interim measure of protection (1)] filed herewith is of utmost urgency and calls for immediate determination, on the grounds that:
Dated the ......... day of ........20.
....................................
Signed:
Advocate for the Plaintiff/Defendant
(1) Describe nature of relief application.
REPUBLIC OF ZAMBIA
SUMMONS
H.C. ARB 5
[General Title]
LET ALL PARTIES CONCERNED attend before the Learned Deputy/District Registrar [or Judge] in Chambers at............ on the ......... day of .......... 2....... at ......hours on the hearing of an application on the part of........... For an order that
Dated at.......... this....... day of.........20.
This summons was taken out by:...........of.........Advocates for the Plaintiff /Defendant.
To:.......... of................and to his Advocates
REPUBLIC OF ZAMBIA
NOTICE OF APPEAL TO A JUDGE AT CHAMBERS
H.C. ARB 6
[General Title]
TAKE NOTICE that the above named Defendant/Plaintiff intends to appeal against the Decision/Ruling of the Learned Deputy/District Registrar given on the ..... Day of .......20..... which decides
That: (1)
AND FURTHER TAKE NOTICE that you are required to attend before the Honourable Mr. Justice...................... in Chambers on the ............ day of ...... 20 ... at ..... hours on the hearing of an application by the Defendant/Plaintiff that the ............
Ruling of the District Registrar be set aside.
AND FURTHER TAKE NOTICE that the Plaintiff/Defendant will rely on the following Grounds: (2)
AND FURTHER TAKE NOTICE that at the hearing of this Appeal the Plaintiff/Defendant will rely on the Affidavit or...... filed herewith(3).
Dated at Ndola this ......... day of......... 20.
This Notice was filed by:.............. of .......... Advocates for the ...........................
To: ....................of..........and to his Advocates
(1) Summarise the decision or ruling
(2) State the grounds of appeal
(3) This paragraph is only necessary if an Affidavit is filed with the Notice
REPUBLIC OF ZAMBIA
H.C. ARB 7
NOTICE OF REGISTRATION OF AN AWARD
[Rule 18(1)]
REGISTRATION No. ...../ARB/2
To............ of .......................
TAKE NOTICE that the award rendered by.............. of...........
[arbitrator] in an arbitration between......... And ................. of .............. has been registered in the "Register of Arbitral Awards" in the High Court at ..........
PARTICULARS:
1. DESCRIPTION OF THE AWARDS REGISTERED AND ORDER FOR REGISTRATION (Describe the arbitration, parties, the award and the arbitrator who rendered the award, as well as the court which registered it, with dates, places and Registration Number):
2. NAME AND ADDRESS OF THE JUDGMENT DEBTOR OR HIS ADVOCATES OR AGENT ON WHOM SUMMONS OR DOCUMENTS MAY BE SERVED:
3. NAME AND ADDRESS OF THE JUDGMENT CREDITOR PARTY REGISTERING THAT AWARD OR HIS ADVOCATES OR AGENT ON WHOM SUMMONS OR DOCUMENTS MAY BE SERVED:
NOTES: (a) The Judgement Debtor has a right to apply on the ground stated in Section 17 of the Arbitration Act, 2000 to have the Registration set aside.
(b) An application to set aside registration of an award must be made within the period of ..... days which is the period stated in the order granting leave to register the award.
ENDORSEMENT TO BE MADE WITHIN THREE DAYS AFTER SERVICE
This Notice was served by me at........... on the Judgement Debtor............. on the .......... day of........ 20........ endorsed the....... day of.......20.
(Signed): ..................................
Address: ....................................
[Rule 42]
GENERAL FEES APPLICABLE TO APPLICATIONS MADE TO THE HIGH COURT UNLESS WHERE OTHERWISE SPECIFICALLY LAID DOWN IN THE HIGH COURT RULES
|
First column |
Second column |
Third column |
|
|
No. |
Description |
Fees units |
Document to be receipted |
|
1. |
On Sealing an originating summons whether Ex parte or Inter Partes |
556 |
The filed copy |
|
2. |
On sealing a concurrent or renewed originating summons |
56 |
The Praecipe |
|
3. |
On sealing any amendment |
56 |
The filed copy |
|
4. |
On sealing a summons in chambers |
84 |
The summons |
|
5. |
On filing a summons for Restoration of a matter which has been struck out for non attendance |
168 |
The summons |
|
6. |
On sealing a commission or letter of request for examination of a witness abroad |
84 |
The praecipe or understanding |
|
7. |
On examination of a witness before an officer of the court (including the examination of a judgement debtor) for each half hour or part thereof NB: Where the officer is required to take the examination away from his office, his Reasonable travelling and other expenses are also payable. |
139 |
The order of Praecipe |
|
8. |
On sealing a praecipe for a writ of subpoena for each witness |
56 |
The Praecipe |
|
9. |
On filing any Affidavit |
56 |
The filed copy |
|
10. |
On entering or sealing an order giving leave to register an award |
112 |
The order |
|
11. |
On sealing any other order made in Chambers |
84 |
The order |
|
12. |
On personal and individual search in the "Register" of Arbitration proceedings" and any Court record of the proceedings |
56 |
The Search form |
|
13. |
On filing a Notice of Registration of an Award |
84 |
The filed copy |
|
14 |
On filing a Certificate of Urgency |
45 |
The filed copy |
|
15. |
Any filing of Notice not specifically provided for |
45 |
The filed copy |
|
16. |
On filing a Notice of Appeal to Judge in Chambers |
168 |
The filed copy |
ARBITRATION (CODE OF CONDUCT AND STANDARDS) REGULATIONS
[Section 29]
Arrangement of Regulations
Regulation
SI 12 of 2007.
These Regulations may be cited as the Arbitration (Code of Conduct and Standards) Regulations, 2007.
In these Regulations, unless the context otherwise requires-
"Act" means the Arbitration Act, 2000;
"Arbitration" has the meaning assigned to it by the Act; and
"Arbitrator" means a neutral third party who is-
(a) appointed by the parties to an arbitration agreement;
(b) appointed in accordance with section 12 or 13 of the Act; or
(c) appointed by an arbitral institution which is recognised as such in accordance with section 23 of the Act;
to provide a fair and adequate hearing to the parties to a dispute and render a binding award at the end of the arbitral proceedings.
Every arbitrator conducting arbitral proceedings in Zambia shall be bound by the Code of Conduct set out in the Schedule.
[Regulation 3]
PART I
PROFESSIONAL CONDUCT
1. Fairness and impartiality
(1) An arbitrator shall act fairly and impartially as between the parties-
(a) in conducting the arbitral proceedings;
(b) in the arbitrator's decisions on matters of procedure and evidence; and
(c) in the exercise of other powers conferred on the arbitrator.
(2) An arbitrator shall treat each party fairly and shall-
(a) give each party a reasonable opportunity to put their case and to sufficiently deal with that of the party's opponent; and
(b) during the conduct of the arbitral proceedings, adopt procedure which are suitable to the case and will avoid unnecessary delay and expense in resolving the dispute.
(3) If an arbitrator is of the opinion that the arbitrator cannot be impartial in a manner the arbitrator shall disclose the fact to the parties and immediately withdraw from the matter.
2. Disclosure
(1) An arbitrator shall disclose at the earliest opportunity any prior interest or relationship that may affect impartiality and or independence or which might reasonably raise doubts as to the arbitral proceedings.
(2) If the circumstances requiring disclosure are not known to the arbitrator prior to acceptance of an appointment or at the commencement of the arbitral proceedings, disclosure shall be made when such circumstance become known to the arbitrator.
(3) The burden of disclosure rests on the arbitrator and the duty to disclose is a continuing duty which does not cease until the arbitration has been concluded.
(4) After appropriate disclosure, the arbitrator may serve if both parties so desire, provided that if the arbitrator believes or perceives that there is a clear conflict of interest, the arbitrator should withdraw, irrespective of the expressed desires of the parties.
(5) An arbitrator shall avoid entering into any financial business, professional, family or social relationship, or acquiring any financial or personal interest, which might adversely affect impartiality and for a reasonable period of time after a case, an arbitrator shall avoid entering into any such relationship, or acquiring any such interest, in circumstance which might reasonably create the unfavourable appearance that the arbitrator was influenced by the anticipation or expectation of the relationship or interest.
(6) An arbitrator shall not accept any gift or substantial hospitality, form any party to the arbitration, except in the presence of and with the consent of the other party.
3. Conflict of Interest
An arbitrator shall not establish a relationship with any of the parties in a matter related to the arbitration which may give rise to a conflict of interest.
4. Acceptance of Appointment
(1) An arbitrator shall only accept an appointment if the arbitrator possesses the qualifications required for the arbitration and has suitable experience and ability for the case.
(2) An arbitrator must be physically and mentally capable of conducting the arbitral proceedings.
5. Conduct of proceedings
(1) An arbitrator shall-
(a) take reasonable steps to ensure that the parties understand the arbitration process before the arbitration commences;
(b) accord all parties the right to appear in person and to be heard after due notice of the time and place of hearing;
(c) allow any party the opportunity to be represented by counsel; and
(2) An arbitrator who is a lawyer shall not represent any party to the arbitration or provide legal advice to the parties.
(3) An arbitrator shall conduct the arbitration with reasonable dispatch and shall attend hearings and participate in deliberations. An arbitrator shall follow the procedure agreed by the parties and shall deal with all the issues.
(4) Where there is more than one arbitrator, the arbitrators shall accord each other an opportunity to participate in all aspects of the proceedings.
6. Settlement
(1) Where practicable, an arbitrator shall advise the parties to explore the possibility of reaching an amicable settlement of a matter:
Provided that the arbitrator shall not be present at a settlement negotiation, except where expressly requested by the parties.
(2) Where an arbitrator is present at a settlement negotiation and the negotiations fail to culminate into a settlement, the arbitrator shall withdraw from the conduct of the arbitration.
7. Confidentiality
An Arbitrator shall not disclose to anyone who is not a party to the arbitral proceedings any information or documents that are exchanged in the course of the proceedings except-
(a) with the consent of the parties concerned;
(b) when ordered to do so by a court or otherwise required to do so by law; or
(c) when the information discloses an actual or potential threat to human life or national security.
8. Impropriety
(1) An arbitrator shall-
(a) avoid impropriety in communicating with the parties;
(b) ensure that all communications are in writing; and
(c) not communicate privately with any party regarding substantive issues in the case.
(2) Notwithstanding clause (c) of sub-paragraph (1), an arbitrator may communicate with a party to the proceedings in the absence of another party where-
(a) the communication concerns the determination of the time and place of hearing;
(b) the other party does not attend a hearing after due notice; or
(c) both parties consent to the discussion.
(3) Where an arbitrator communicates in writing with one party, the arbitrator shall concurrently send a copy of the communication to the other party.
9. Arbitrator's qualifications
(1) An arbitrator shall-
(a) provide accurate information regarding the arbitrator's educational background, training and experience; and
(b) not actively solicit appointment as an arbitrator.
(2) An arbitrator has an obligation to acquire and maintain professional skills and abilities which are required to uphold the quality of arbitration.
10. Fees
An arbitrator shall-
(a) disclose the basis of fees, disbursements and other charges at the outset, to enable the parties decide on the retainer; and
(b) charge reasonable fees-
(i) having regard to the complexity of the matter, the time required, the experience of the arbitrator and the rates customary in the particular discipline or dispute; or
(ii) according to the fees prescribed by an arbitral institution.
11. Court annexed arbitration
An arbitrator shall, in the case of court annexed arbitration, abide by such fees as may be determined by the Court or prescribed by an arbitral institution.
12. Jurisdiction
(1) An arbitrator shall observe faithfully both the limitations and inclusions of the jurisdiction conferred by an agreement or other instrument under which the arbitrator serves.
(2) A direct settlements by the parties of some or all issues in case, at any stage of the proceedings, must be accepted by the arbitrator as removing further jurisdiction over such issues.
13. Decision making
(1) An arbitrator shall, after careful deliberation, decide all issues submitted for determination and shall refrain from deciding other issues. It is important to observe that an arbitrator does not delegate the duty to decide to any other person.
(2) An arbitrator shall decide all matters justly, exercising independent judgement, and shall not permit outside pressure to affect the decision.
(3) In the event that all parties agree upon a settlement of issues in dispute and request an arbitrator to embody that agreement in an award, an arbitrator may do so, but the arbitrator is not obliged to do so unless satisfied with the propriety of the terms of settlement.
(4) Whenever an arbitrator embodies a settlement by the parties in an award, the arbitrator shall state in the award that it is based on an agreement of the parties.
14. Reliance by an arbitrator on other arbitration awards or on independent research
An arbitrator shall assume full personal responsibility for the decision in each case decided.
15. Use of assistants
An arbitrator shall not delegate any decision-making functions to another person without the consent of the parties.
16. Consent awards
(1) Prior to issuance of an award, the parties may jointly request the arbitrator to include in the award certain agreements between them, concerning some or all of the issues.
(2) If the arbitrator believes that a suggested award is proper, fair, sound, and lawful, and that it is consistent with professional responsibility the arbitrator may adopt it.
17. Avoidance of delay
(1) It is a basic professional responsibility of an arbitrator to plan a work schedule so that present and future commitments will be fulfilled in a timely manner.
(2) An arbitrator shall cooperate with the parties in avoiding delays.
(3) Once the case record has been closed, an arbitrator shall adhere to the time limits for an award, as stipulated in the submission to arbitrate or the order for directions.
18. Disclosure of terms award
An arbitrator shall not disclose a prospective award to either party prior to its simultaneous issuance to both parties or explore possible alternative awards unilaterally with one party, unless both parties so agree.
19. Clarification or interpretation of awards
(1) An application for a clarification or interpretation of an award shall be made in accordance with article 33 of the UNCITRAL Model Law:
Provided that no clarification or interpretation of an award is permissible without the consent of both parties.
(2) Under agreements which permit or require clarification or interpretation of an award, an arbitrator shall afford both parties an opportunity to be heard.
20. Enforcement of award
(1) The arbitrator's responsibility shall not extend to the enforcement of an award.
(2) In view of the professional and confidential nature of the arbitration relationship, an arbitrator shall not voluntarily participate in legal enforcement proceedings.
21. Fees and expenses
(1) An arbitrator occupies a position of trust in respect to the parties and the administrative agencies. In charging for services and expenses, the arbitrator shall be governed by the same high standards of honour and integrity that apply to all other phases of the arbitration process.
(2) An arbitrator shall endeavour to keep the total charges for services and expenses reasonable and consistent with the nature of the case or cases decided and within the prescribed scale of fees.
(3) Prior to appointment, the parties should be aware of or be able readily to determine all significant aspects of an arbitrator's bases for charges for fees and expenses.
(4) An arbitrator shall maintain adequate records to support charges for services and expenses and shall make an accounting to the parties on request.
22. Responsibilities to the profession
(1) An arbitrator shall uphold the dignity and integrity of the office and endeavour to provide effective service to the parties; to this end, an arbitrator should keep current with principles, practices and developments that are relevant in the practice of arbitration.
(2) An arbitrator shall not engage in conduct that would appear to compromise the arbitrator's impartiality.
(3) An arbitrator may publicise their expertise but shall not actively solicit appointment as an arbitrator.
(4) An experienced arbitrator shall cooperate in the training of new arbitrators.
(5) An arbitrator shall not make false or misleading representations in advertising and neither shall they perform the functions designated for arbitral institutions without seeking the permission of such institutions.
(6) For the avoidance of doubt, an arbitrator shall, prior to publishing an advertisement obtain written approval of the intended advertisement from the Zambia Association of Arbitrators.
PART II
UNPROFESSIONAL CONDUCT
23. Professional misconduct
(1) An arbitrator shall be guilty of professional misconduct if, in the course of practice, the arbitrator-
(a) contravenes the provisions of the Act and these Regulations;
(b) unlawfully discloses or uses to their own advantage any information acquired in the course of professional work on behalf of a client;
(c) engages in conduct that is dishonest, fraudulent or deceitful;
(d) commits a criminal offence;
(e) engages in conduct that is prejudicial to the proper administration of the arbitration process.
(f) charges fees for professional work on scales other than the scales prescribed by an arbitral institution or determined by the court.
(g) breaches the principles of this Code of Conduct and brings the profession into disrepute;
(h) encourages another person to breach or disregard the principles of this code;
(i) Attempts to influence unfairly, whether directly or indirectly, the award in an arbitration;
(j) obtains or attempts to obtain an appointment as an arbitrator by offering or paying monetary or other consideration or inducement to any person or by any other improper means;
(k) touts for, or in any way solicits for, appointment as an arbitrator;
(l) attempts to supplant or discredit another arbitrator with a view to unfairly influencing an appointment; or
(m) conducts oneself dishonourably in connection with the work performed by that person as an arbitrator.
24. Reporting misconduct
(1) Any person who has reasonable ground to believe that an arbitrator has violated this code shall make a written complaint with details of the alleged misconduct to the Zambia Association of Arbitrators and the Association shall determine the complaint in accordance with its rules.
(2) A report of the alleged misconduct shall not be construed as a violation of this Code unless proved otherwise.
{/mprestriction}