Arbitration Act, 1933
- Commenced on 5 April 1933
- [This is the version of this document at 31 December 1996.]
Part I – Preliminary
1. Short titleThis Act may be cited as the Arbitration Act.
2. InterpretationIn this Act, unless the context otherwise requires—"the Court" means the High Court;"submission" means a written agreement to submit present or future differences to arbitration, whether an arbitrator is named therein or not.
Part II – General provisions relating to arbitration by consent out of Court
3. Submission to be irrevocable except by leave of CourtA submission, unless a different intention is expressed therein, shall be irrevocable, except by leave of the Court.
4. Provisions implied in submissionsA submission, unless a different intention is expressed therein, shall be deemed to include the provisions set forth in the First Schedule, in so far as they are applicable to the reference under submission.
5. Reference to arbitrator to be appointed by third personThe parties to a submission may agree that the reference shall be to an arbitrator or arbitrators to be appointed by a person designated therein. Such person may be designated either by name or as the holder for the time being of any office or appointment.
6. Power to stay proceedings where there is a submissionWhere any party to a submission to which this Part applies, or any person claiming under him, commences any legal proceedings against any other party to the submission or any person claiming under him, in respect of any matter agreed to be referred, any party to such legal proceedings may, at any time after appearance, and before filing a written statement, or taking any other steps in the proceedings, apply to the Court to stay the proceedings; and the Court, if satisfied that there is no sufficient reason why the matter should not be referred in accordance with the submission, and that the applicant was, at the time when the proceedings were commenced, and still remains, ready and willing to do all things necessary to the proper conduct of the arbitration, may make an order staying the proceedings.
7. Power for Court in certain cases to appoint an arbitrator, umpire or third arbitrator
8. Power for parties in certain cases to supply vacancyWhere a submission provides that the reference shall be to two arbitrators, one to be appointed by each party, then, unless a different intention is expressed therein—
9. Power as to appointment of arbitrators where submission provides for three arbitrators
10. Power of arbitrator or umpireThe arbitrators or umpire acting under a submission shall, unless a different intention is expressed therein, have power—
11. Award to be signed and filed
12. Process to summon witnesses
13. Power for Court to enlarge time for making awardThe time for making an award may, from time to time, be enlarged by order of the Court, whether the time for making the award has expired or not.
14. Power to remit award
15. Power to set aside awardWhere an arbitrator or umpire has misconducted himself, or an arbitration or award has been improperly procured, the Court may set aside the award.
16. Award when filed to be enforceable as a decree
17. Power to remove arbitrator or umpireWhere an arbitrator or umpire has misconducted himself, the Court may remove him.
18. CostsAny order made by the Court may be made on such terms as to costs or otherwise as the Court thinks fit.
19. Prescribed formsThe forms set forth in the Second Schedule, or forms similar thereto, with such variations as the circumstances of each case require, may be used for the respective purposes there mentioned and, if used, shall not be called into question.
20. RulesThe Court may make rules as to—
21. State to be boundThe provisions of this Part shall be binding on the State.[As amended by S.I. No. 152 of 1965]
22. Application of Part II to arbitration under certain contractsWhenever in any contract it is directed or agreed that any arbitration under or in pursuance of such contract shall be under the Arbitration Act, 1889, of the United Kingdom, such contract shall be read as if this Part were substituted for the aforesaid Act.[As amended byS.I. No. 152 of 1965]
23. Application to statutory arbitrationThis Part shall apply to arbitrations under any law applied to or any Act enacted in Zambia before or after the commencement of this Act as if the arbitration were pursuant to a submission, except in so far as this Part is inconsistent with the applied law or Act regulating the arbitration or with any rules or procedure authorised or recognised by that law or Act.
24. Saving for arbitrations commencedNothing in this Part shall affect any matter already referred to arbitrators at the commencement of this Act, but this Part shall apply to every arbitration commenced after the commencement of this Act under any agreement or order previously made.
Part III – Provisions relating to the Protocol set forth in the Third Schedule
25. Staying of court proceedings in respect of matters to be referred to arbitrationNotwithstanding anything in Part II herein, if any party to a submission made in pursuance of an agreement to which the Protocol on arbitration signed on behalf of His Britannic Majesty at a meeting of the Assembly of the League of Nations on the 24th September, 1923, which Protocol is set forth in the Third Schedule, applies, or any person claiming through or under him, commences any legal proceedings in any court against any other party to the submission or any person claiming through or under him, in respect of any matter agreed to be referred, any party to such legal proceedings may at any time after appearance, and before delivering any pleadings or taking other steps in the proceedings, apply to that court to stay the proceedings, and that court, unless satisfied that the agreement or arbitration has become inoperative or cannot proceed, or that there is not in fact any dispute between the parties with regard to the matter agreed to be referred, shall make an order staying the proceedings.[As amended by S.I. No. 152 of 1965]
Part IV – Provisions relating to the Convention set forth in the Fourth Schedule
26. Application of Part IVThe provisions of this Part apply to any award made after the 28th July, 1924—
27. Effect of foreign awards
28. Conditions for enforcement of foreign awards
30. Meaning of "final award"For the purposes of this Part, an award shall not be deemed final if any proceedings for the purpose of contesting the validity of the award are pending in the country in which it was made.
31. SavingNothing in this Part shall—
History of this document
31 December 1996 this version
05 April 1933