Awarding and taxation of arbitration costs in Zambia
Date
2013-11-29
Authors
Sweta, Kasong'u M. M.
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Abstract
Awarding and taxation of arbitration costs in Zambia is what this paper will look at. There seems to be uncertainty regarding the same, this could be as a result of the lack of clarity of the Arbitration Act No. 19 of 2000.The first chapter is the general introduction. It consists of the statement of problem, the purpose and objective of the study, the significance of the study, how this research will be conducted as well as the chapter outline.The second chapter looks at the awarding and taxation of arbitrations costs generally.The role of the courts in awarding and taxing of arbitration costs will be looked into also in the third chapter. This jurisdiction of the courts regarding the same is looked at. A look at the intervention of the courts in the awarding and taxation of arbitration costs is done also as well as the impact of the court annexed programme in Zambia.The need for clarity in the drafting of the Arbitration Act No. 19 of 2000 with regards to the provisions providing for the awarding and taxation of arbitration costs will be covered in this paper. This will be done by comparing the Arbitration Act No. 19 of 2000 to the 1996 Arbitration Act of England.Upon comparison with the 1996 Arbitration Act of England, there is clearly need for the Arbitration Act No. 19 of 2000 to be revised. The Act needs to set out clearly the awarding and taxation procedure, the recoverable costs need to be clearly provided. The Act alone with using other jurisprudence or texts needs to be sufficient so as to enable the arbitrator carry
out his work effectively.
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Keywords
Arbitration (adiministrative law)- Zambia , Arbitrationn and award- Zambia , Arbitrary- Zambia