ZAMBIA Law and Practice Contributed by: Luckson Mwamba, Katongo Bwalya and Mumba Mwila, Mwamba & Milan Advocates
7. Procedure 7.1 Governing Rules
decide whether to conduct oral hearings or resolve the dispute on written submissions alone. Duties of Arbitrators The Arbitration (Code of Conduct and Standards) Reg - ulations impose duties requiring arbitrators to act fairly and impartially, disclose any circumstances affecting their independence or impartiality, avoid conflicts of interest, refrain from accepting gifts or hospitality from parties without consent, and ensure they possess the requisite qualifications and experience to conduct the arbitration. Arbitrators are also encouraged, where appropriate, to advise parties on the possibility of an amicable settlement. 7.4 Legal Representatives Section 21 of the Arbitration Act provides that, unless the parties agree otherwise, a participant in arbitration may be represented by a legal practitioner or by any other person of their choice. This allows a party to be represented by a qualified legal practitioner, a foreign- trained legal professional, or any other individual the party considers appropriate. 8. Evidence 8.1 Collection and Submission of Evidence The collection and submission of evidence in arbitra - tion proceedings seated in Zambia is primarily gov - erned by the Arbitration Act, which incorporates the UNCITRAL Model Law and the agreement of the par - ties to arbitration. Pleading Stage Article 23 of the Model Law provides that each party shall set out the facts supporting its claim or defence and may either (i) refer to the documents and other evi - dence it intends to rely upon or (ii) produce such evi - dence together with its statement of claim or defence. In practice, parties to arbitration in Zambia often file a bundle of documents and witness statements along - side their pleadings. This reduces the need for exten - sive discovery procedures, which are commonly used in Zambian litigation proceedings. Arbitration practice in Zambia has a preference for procedural flexibility as opposed to the more rigid discovery rules applied in court proceedings.
Arbitral procedure in Zambia is primarily governed by the Arbitration Act. In addition, specific rules provide further guidance, including the Arbitration (Court Pro - ceedings) Rules, Statutory Instrument No. 65 of 2001 and the Arbitration (Code of Conduct and Standards) Regulations, Statutory Instrument No. 12 of 2007. These rules supplement the Act, particularly in relation to the conduct and standards expected of arbitrators and the procedural interface between arbitration and the courts. Parties may also adopt institutional rules, such as those of LIAC, where agreed. 7.2 Procedural Steps Zambian law does not prescribe rigid procedural steps for arbitration. In practice, proceedings are generally initiated by the declaration of a dispute and the appointment of arbitrators in accordance with the terms of the arbitration agreement as read with Sec - tion 12 of the Arbitration Act on the appointment of arbitrators. Beyond this, procedural matters relating to the con - duct of the arbitral proceedings such as submission of claims and defences, hearings, document production and the conduct of evidence are largely determined by the parties’ agreement or, in its absence, by the tribunal. This flexible approach allows the tribunal to manage the proceedings efficiently while ensuring fairness. In practice, however, parties to arbitration in Zambia largely adopt the procedure and practice in the High Court. 7.3 Powers and Duties of Arbitrators Powers of Arbitrators Under Section 14 of the Arbitration Act, arbitrators are vested with broad powers. These include the authority to determine their own jurisdiction, issue interim orders (including the power to compel par - ties to deposit fees and costs), ensure the attendance of witnesses, and detain, preserve or inspect prop - erty relevant to the dispute. Arbitrators also have the authority to manage arbitral proceedings by setting timelines and procedural rules where the parties have failed to agree. Additionally, the tribunal may deter - mine the admissibility and weight of evidence, and
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