Significant developments in International Arbitration in Malawi
The official opening ceremony of the Constructive Engagement Conference Towards The Establishment Of The Malawi International Commercial Arbitration Centre and the signing of the Project Partners Memorandum of Understanding (MOU) took place in Lilongwe on Monday, 15 August 2022. The ceremony was presided over by his Excellency Dr Lazarus McCarthy Chakwera, President of the Republic […]
Developments in African Arbitration Law
Arbitration as a means of settling financial and commercial disputes has burgeoned in Africa in the 21st century – as the continent has grown economically and seen major improvements in governance. What is the current state of play? Arbitration is essentially a procedure to resolve disagreements outside a courtroom, with disputing parties agreeing to submit […]
Arbitration Bill tabled in Tanzanian Parliament
Arbitration Bill tabled in Parliament • Intended to replace Arbitration Act enacted in 1931 • Provides for conduct of domestic commercial arbitration • Provisions on international commercial arbitration and enforcement of foreign arbitral awards introduced • Introduces minimal interference by Courts, more emphasis on arbitration agreement • To amend 4 Acts of Parliament • Welcome […]
US Court rules in favour of Tanzania
On 12 February 2018, the widow and children of a famous businessman, the late Devram Valambhia initiated a case in the District Court of Columbia to seek recognition and enforcement of a foreign judgment obtained in Tanzanian Courts. The Plaintiffs in the above case were Vipula D. Valambia, Priscilla D. Valambhia, Punita D. Valambhia, and […]
Ethiopia’s Arbitration law challenges
Tewodros Meheret, a senior lawyer at LEX Africa Ethiopian member, GETS Law Offices, and out-going president of the Ethiopian Bar Association, made an opening address at the East African International Arbitration Conference (EAIAC) in Addis Ababa recently. Arbitration is perceived as one of the alternative solutions to congestion in the court system and consequent delays […]
Mozambique: Arbitration agreement on contracts entered into by public enterprises
The Public Enterprises Law no.6/2012 of 8 February restrains the arbitration agreement in contracts entered into by public enterprises, by setting out that “it is up to the judicial courts to undertake the trial of all disputes in which a public company is a party thereof, including measures to enforce civil liability for acts of […]
A new international Arbitration Act for South Africa
The International Arbitration Act 15 of 2017 (“the Act”) was assented to by the South African President on 19 December 2017. The Act was published in the Government Gazette on 20 December 2017 and became effective on that date. The Act provides for the incorporation of the UNCITRAL Model Law into South African Law and provides anew for the recognition and enforcement of […]
LEX Africa launches new Arbitration in Africa guide
Courts throughout Africa are increasingly seized with applications to recognize and enforce foreign judgments as well as foreign arbitral awards. African states are increasingly adopting the UNCITRAL Model Law on international arbitration and acceding to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Although many of the requirements for the enforcement of foreign judgments and […]
Adoption of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards Convention
It was published in the Resolution of the National Assembly n.º 38/16, on 12 August 2016, approving the adoption, by the Angolan state, of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. This publication means the end of the previous legal proceeding under which all foreign arbitral awards were necessarily subject to a process of revision and confirmation by the Angolan […]
South Africa enters international arbitration stage
This week, the Arbitration Foundation of Southern Africa (AFSA) announced the creation of the China Africa Joint Arbitration Centre (CAJAC) Johannesburg
