ZAMBIA Law and Practice Contributed by: Mutembo Nchito, Mable Chakoleka, Chisuwo Hamwela and Dhozinta Mphuka, Nchito & Nchito Advocates
11.2 Factors Considered When Awarding Costs The court will consider some of the following factors when awarding costs. • Which party was successful. • The conduct of the parties to the dispute. • The manner in which the case was conducted. • The complexity of the case, and its contribution to Zambian jurisprudence (often, each party bears its own costs in such instance). 11.3 Interest Awarded on Costs Interest is generally not awarded on costs in Zambia. Instead, costs are either agreed, or, where agreement fails, taxed before a taxing master. In such instance, the Legal Practitioners (Costs) Order, 2017 will deter- mine the fixed scale of fees to be applied to costs, dependant on time spent on a task and level of sen- iority of the lawyers handling the case. Once an order granting costs is obtained from the court, the amount awarded will attract Judgment Interest, which the Judgments Act mandates it to apply to all judgments where money is awarded. 12. Alternative Dispute Resolution (ADR) 12.1 Views of ADR Within the Country Alternative dispute resolution (ADR) is highly promot- ed in Zambia. The most popular forms include the following. • Court-annexed mediation – the court may order the parties to attend mediation where it appears possi- ble. In the even that it fails, the parties are referred back to court for trial. • Arbitration – arbitration is growing more popular in Zambia, and is a voluntary process by which parties agree to arbitration as the mode of dispute resolution under an agreement. Institutions such as the Chartered Institute of Arbitration (Zambia Branch) and the Lusaka International Arbitration Centre are evidence of the growing reliance on arbitration as a mode of dispute resolution.
12.2 ADR Within the Legal System See 12.1 Views of ADR Within the Country . The courts, at their discretion, may refer a matter for court- annexed mediation. This is the only form of compul- sory ADR. Furthermore, where parties have an arbitration clause in their agreement, the courts are bound to refer such matter to arbitration, unless otherwise agreed by the parties. 12.3 ADR Institutions In Zambia, the institutions offering and promoting ADR are fairly well organised. Court-Annexed Mediation Court-annexed mediation is administered under the High Court Rules, which provide a clear procedural framework. The judiciary has established dedicated mediators, who sit at the High Court as and when needed. However, court-annexed mediation varies by region, and limited resources sometimes affect its reach and impact. Arbitration The main institutions offering arbitration are the Char- tered Institute of Arbitrators (Zambia Branch) and the Lusaka International Arbitration Centre (LIAC). Both institutions are well organised, with panels of accred- ited arbitrators. Arbitration as an alternative form of dispute resolution is gaining popularity and is still developing. 13. Arbitration 13.1 Laws Regarding the Conduct of Arbitration Zambia’s Arbitration Act No 19 of 2000 also allows for the use and reliance on: • the United Nations Commission on International Trade Law (UNCITRAL) as a model law, as adopted by the United Nations Commission on 21 June 1985; and • the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958.
1254 CHAMBERS.COM
Powered by FlippingBook