The Effectiveness of Arbitration as alternetive form of alternative dispute resolution in Zambia
Date
2013-03-15
Authors
Kunda, Mirriam
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Abstract
This essay examines the effectiveness of Arbitration as an alternative form of dispute resoluti on to litigation in Zambia. It focuses specifically on the practical impact of arbitration law in Zambia and thoroughly discusses the provisions of the Arbitration Act No. 19 of 2000, to expose its inadequacy.
Arbitration as a form of ADR offers a means to resolve cases more expeditiously and more economically. However, its practical impact on the Zambian community has reflected that arbitration does not necessarily have a legal mechanism in place addresses which effectively avoids the expense and time of litigation. This is owing to the fact that in certain situations the intervention of courts becomes necessary with due regard to the setting aside of awards in certain instances. Consequently, the pursuit of resolving disputes using a means that is more expeditious and more economical than litigation is defeated. On the findings, the dissertation gives recommendations that ultimately focus on how best arbitration can reduce the expense and time of litigation by having a viable legal system that achieves this purpose. It has been highly recommended that the court rules should make adequate provision for applications to court arising from arbitration proceedings, so that such applications should not cause unnecessary delay and expenses.
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Arbitration,Industrial-Zambia , Arbitration and Award-Zambia , Arbitration(Administrative law)-Zambia