Alternate Dispute Resolution Law at Zambia
Zambia has developed a comprehensive legal framework for Alternative Dispute Resolution (ADR), encompassing arbitration, mediation, and conciliation. This framework aims to provide efficient, cost-effective, and accessible mechanisms for resolving disputes outside the traditional court system.
⚖️ Legal Framework for ADR in Zambia
1. Arbitration
Arbitration Act No. 19 of 2000: This Act governs domestic and international commercial arbitration in Zambia. It is based on the UNCITRAL Model Law and provides a structured approach to arbitration proceedings, including the recognition and enforcement of arbitral awards.
Arbitration (Court Proceedings) Rules, Statutory Instrument No. 75 of 2001: These rules supplement the Arbitration Act by providing procedural guidelines for court-related arbitration matters.
Arbitration (Code of Conduct and Standards) Regulations, Statutory Instrument No. 12 of 2000: These regulations establish ethical standards and conduct expectations for arbitrators in Zambia.
2. Mediation
High Court Rules (Order 31, Rule 4): These rules mandate that, except in certain cases, every action may be referred by the trial judge for mediation upon being set down for trial.
Subordinate Court Rules (Order 43, Rule 17(1)): These rules provide that a court may, at any time before the hearing of a civil matter but after the defendant has filed a defence, refer the matter for mediation.
Statutory Instruments No. 72 and 73 of 2018: These instruments introduced court-annexed mediation in both the High Court and Subordinate Court. They also recognized party autonomy, allowing parties to choose their mediator from a list of accredited mediators.
3. Conciliation
Industrial and Labour Relations Act, Chapter 269: This Act provides for the conciliation of collective disputes in the labour and employment sector.
4. Electoral Dispute Resolution
Electoral Commission of Zambia (ECZ): The ECZ has established Conflict Management Committees (CMCs) at the national and district levels to resolve electoral disputes through mediation and conciliation. These committees are composed of various stakeholders, including political party representatives, law enforcement, and religious leaders.
🏛️ ADR Institutions in Zambia
Chartered Institute of Arbitrators – Zambia Branch (CIArbZB): This is the principal institution for ADR in Zambia, offering training, accreditation, and promoting the use of arbitration and mediation.
Lusaka International Arbitration Centre (LIAC): Established in April 2024, LIAC aims to promote international arbitration in Zambia and provide a neutral venue for resolving disputes.
✅ Conclusion
Zambia's ADR framework is characterized by a robust legal foundation, institutional support, and active engagement in international ADR conventions. The introduction of court-annexed mediation, the establishment of the Lusaka International Arbitration Centre, and the recognition of party autonomy reflect Zambia's commitment to providing accessible and effective alternatives to traditional litigation. These developments position Zambia as a favorable jurisdiction for ADR, offering parties a range of mechanisms to resolve disputes efficiently and amicably.
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