ZAMBIA Law and Practice Contributed by: Luckson Mwamba, Katongo Bwalya and Mumba Mwila, Mwamba & Milan Advocates
to date, this provision creates statutory authority for the Chief Justice to establish a specialist court or divi - sion of the High Court to hear arbitration matters in the future.
Other States (“ICSID Convention”). This provides the framework for recognition and enforcement of awards rendered under the International Centre for Settlement of Investment Disputes (ICSID). Beyond these instruments, certain sector-specific statutes provide for “statutory arbitration” in particu - lar types of disputes. Notably, the Public Procure - ment Act mandates arbitration for disputes arising from a public procurement decision, while the more recent Minerals Regulation Commission Act of 2025 also includes arbitration as an option for resolution of disputes relating to mining and surface rights. These statutory frameworks reflect an emerging attitude in Zambia to have arbitration as a central mechanism for dispute resolution in Zambia’s key economic indus - tries. 2.2 Changes to National Law There have been no recent changes to the Arbitration Act, and no pending legislation is expected to alter the arbitration landscape. Under Zambian law, an arbitration agreement is enforceable if it is in writing and clearly demonstrates the parties’ intention to submit disputes to arbitra - tion. Section 9 of the Arbitration Act provides that an arbitration agreement may appear as a clause in a contract or as a separate agreement. An agreement is deemed “in writing” if it is contained in a signed document or established through an exchange of correspondence, such as letters, telexes, telegrams or other means of communication, that pro - vide a record of the agreement. The Act further rec - ognises an arbitration agreement where its existence is alleged in pleadings (such as a statement of claim or defence) and not traversed by the opposing party. Additionally, where a contract refers to another docu - ment containing an arbitration clause, that reference suffices to constitute a valid arbitration agreement, provided the main contract itself is in writing. Similarly, 3. The Arbitration Agreement 3.1 Enforceability
2. Governing Legislation 2.1 Governing Law
International arbitration in Zambia is governed by the Arbitration Act, which applies to both domestic and international arbitration. The preamble to the Act makes clear that it repeals and replaces the former Arbitration Act to provide for arbitration through the adoption, with modifications, of the UNCITRAL Model Law on International Commercial Arbitration (1985). Section 8 of the Act regulates the application of the Model Law. Under Section 8 (1), where the seat of arbitration is in Zambia, the Model Law applies in full, subject to the modifications contained in the Act. Section 8 (2) provides that where the seat is outside Zambia, only Articles 8, 9, 35 and 36 apply, dealing principally with court assistance and the recognition and enforcement of awards. Zambian courts have affirmed that the Act is, in sub - stance, the Model Law with modifications tailored to the local legal system. In China Henan International Cooperation Group Company Limited v G & G Nation- wide ( Z ) Limited (Supreme Court Appeal No. 199 of 2016) and Moba Hotel & Convention Centre Ltd v Lyco Business Solutions Ltd (Court of Appeal Appeal No. 66 of 2022), the courts emphasised that certain Articles of the Model Law are expressly replaced by provisions of the Act to ensure consistency with Zambia’s legal framework while maintaining international alignment. It should be noted, however, that the Act has not been amended to incorporate the 2006 revisions to the Model Law. Zambia’s arbitration regime there - fore continues to reflect the 1985 version, subject to domestic modification. In addition, Zambia enacted the International Invest - ment Disputes Act, which domestically incorporates the provisions of the Convention on the Settlement of Investment Disputes Between States and Nationals of
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