ZAMBIA Law and Practice Contributed by: Mutembo Nchito, Mable Chakoleka, Chisuwo Hamwela and Dhozinta Mphuka, Nchito & Nchito Advocates
of the courts of Zambia, as highlighted in 9.4 Enforce- ment Mechanisms of a Domestic Judgment . Foreign Arbitral Awards Foreign arbitral awards can be registered and enforced in any country that is a signatory of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958. 14. Outlook 14.1 Proposals for Dispute Resolution Reform The Zambian courts and the Law Association of Zam- bia have both made – and continue to make – effort towards reform, particularly to ease the court back- logs. Some examples include the following. • The Law Association of Zambia recently held its inaugural Lusaka Arbitration Week, which was a platform for knowledge sharing, networking, and discussions on the latest ADR trends across the Southern African Development Community (SADC). • The Law Association of Zambia has introduced a pro- bono policy, which requires all legal practitioners in Zambia to take up one pro-bono matter each year. • The Law Association of Zambia and the Zambian courts undertake a prison decongestion pro- gramme, whereby lawyers volunteer at prisons across Zambia, identifying criminal cases that have prolonged unreasonably and representing such per- sons until conclusions. The courts sometimes sit in the prison facilities to hear and determine cases. • The law mandating how many judges can sit in each Superior Court has also been recently amended to increase the number of judges so as to make the courts more efficient. At the time of writing, it is expected that the new judges shall be appointed soon. 14.2 Growth Areas The main area of growth for commercial disputes in Zambia has been the introduction of the Commercial Division of the High Court of Zambia. The Commercial Division is a fast track, judge-driven court, that priori- tises the fast resolution of disputes. Typically, disputes in the Commercial Division are determined (ie, judg- ment rendered) within 6–12 months.
These laws comprehensively cater for all aspects relat- ed to arbitration, including matters subject to arbitra- tion, interim measures and reliefs, and the selection of an arbitrator (where the parties fail to agree), to name a few. The Arbitration Act also provides for modes of enforcement of arbitral awards, which are required to be registered at the High Court. Once registered, arbitral awards can be enforced in the same manner as a court judgment. 13.2 Subject Matters Not Referred to Arbitration The following subject matters cannot be referred to arbitration in Zambia. • An agreement contrary to public policy. • A criminal matter (unless the court grants leave). • A matrimonial cause. • A matter related to the determination of paternity, maternity or parentage of a person. • A matter affecting the interests of a minor or legally incapacitated person (unless such minor or indi- vidual is represented by a competent person). 13.3 Circumstances to Challenge an Arbitral Award Parties in Zambia can challenge an arbitral award on the following grounds. • Where a party to the arbitration agreement is under some incapacity. • Where the arbitration agreement is not valid under the law to which the parties are subject. • Where a party was not given proper notice of the appointment of an arbitrator. • Where the award deals with a dispute not contem- plated by the parties. • Where the composition of the tribunal was not in accordance with the agreement. • Where the award has not yet become binding or has been set aside in its country of origin. 13.4 Procedure for Enforcing Domestic and Foreign Arbitration Domestic Arbitral Awards Domestic arbitral awards must first be registered at the High Court of Zambia, after which they can be enforced in the same manner as any other judgment
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