- Assented to on 6 November 1967
- Commenced on 6 November 1967
- [This is the version of this document at 31 December 2014.]
- [Note: This version of the Act was revised and consolidated in the Fifth Revised Edition of the Laws of Malawi (L.R.O. 1/2018), by the Solicitor General and Secretary for Justice under the authority of the Revision of the Laws Act.]
Part I – Preliminary
1. Short titleThis Act may be cited as the Arbitration Act.
2. InterpretationIn this Act, unless there is anything repugnant in the subject or context—"arbitration agreement" means a written agreement to submit present or future differences to arbitration whether an arbitrator is named therein or not; and"the Court" means the High Court.
Part II – General provisions
Effect of arbitration agreements, etc.
3. Authority of arbitrators and umpires to be irrevocableThe authority of an arbitrator or umpire appointed by or by virtue of an arbitration agreement shall, unless a contrary intention is expressed in the agreement, be irrevocable except by leave of the Court.
4. Death of party
6. Staying court proceedings where there is submission to arbitration
7. Reference of interpleader issues to arbitrationWhere relief by way of interpleader is granted and it appears to the court that the claims in question are matters to which an arbitration agreement, to which the claimants are parties, applies, the court may direct the issue between the claimants to be determined in accordance with the agreement.
Arbitrators and umpires
8. Appointment of arbitrator or umpire
9. Power of parties in certain cases to supply vacancyWhere an arbitration agreement provides that the reference shall be to two arbitrators, one to be appointed by each party, then, unless a contrary intention is expressed therein—
11. Agreements for reference to three arbitrators
12. Power of Court in certain cases to appoint an arbitrator or umpireIn any of the following cases—
Conduct of proceedings, witnesses, etc.
13. Conduct of proceedings, witnesses, etc.
Provisions as to awards
14. Time for making award
15. Interim awardsUnless a contrary intention is expressed therein, every arbitration agreement shall, where such a provision is applicable to the reference, be deemed to contain a provision that the arbitrator or umpire may, if he thinks fit, make an interim award, and any reference in this Part to an award includes a reference to an interim award.
16. Specific performanceUnless a contrary intention is expressed therein, every arbitration agreement shall, where such a provision is applicable to the reference, be deemed to contain a provision that the arbitrator or umpire shall have the same power as the Court to order specific performance of any contract other than a contract relating to land or any interest in land.
17. Awards to be finalUnless a contrary intention is expressed therein, every arbitration agreement shall, where such a provision is applicable to the reference, be deemed to contain a provision that the award to be made by the arbitrator or umpire shall be final and binding on the parties and the persons claiming under them respectively.
18. Power to correct slipsUnless a contrary intention is expressed in the arbitration agreement, the arbitrator or umpire shall have power to correct in an award any clerical mistake or error arising from any accidental slip or omission.
Costs, fees and interest
20. Taxation of arbitrator’s or umpire’s fees
21. Interest on awardsA sum directed to be paid by an award shall, unless the award otherwise directs, carry interest as from the date of the award and at the same rate as a judgement debt.
Special cases, remission and setting aside of awards, etc.
22. Statement of case
23. Power to remit award
24. Removal of arbitrator and setting aside of award
25. Power of Court to give relief where arbitrator is not impartial or the dispute involves question of fraud
26. Power of Court where arbitrator is removed or authority of arbitrator is revoked
Enforcement of award
27. Enforcement of awardAn award on an arbitration agreement may, by leave of the Court, be enforced in the same manner as a judgment or order to the same effect, and where leave is so given, judgment may be entered in terms of the award.
28. Power of Court to extend time for commencing arbitration proceedingsWhere the terms of an agreement to refer future disputes to arbitration provide that any claims to which the agreement applies shall be barred unless notice to appoint an arbitrator is given or an arbitrator is appointed or some other step to commence arbitration proceedings is taken within a time fixed by the agreement, and a dispute arises to which the agreement applies, the Court, if it is of opinion that in the circumstances of the case undue hardship would otherwise be caused, and notwithstanding that the time so fixed has expired, may, on such terms, if any, as the justice of the case may require, but without prejudice to the provisions of any written law limiting the time for the commencement of arbitration proceedings, extend the time for such period as it thinks proper.
29. Terms as to costs, etc.Any order made under this Part may be made on such terms as to costs or otherwise as the authority making the order thinks just:Provided that this section shall not apply to any order made under section 6 (2).
30. Power of Chief Justice to make rulesThe Chief Justice may make rules consistent with this Act as to—
31. Government to be boundThis Part shall be binding on the Government.
32. FormsThe forms set forth in the First 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 in question.
33. Application of Part II to statutory arbitrationsSubject to section 34, this Part, except sections 4 (1), 5, 6 (2), 7, 19 (3), 25, 26 and 28, shall apply to every arbitration under any other written law (whether passed before or after the commencement of this Act) as if the arbitration were pursuant to an arbitration agreement and as if that other written law were an arbitration agreement, except in so far as this Act is inconsistent with that other written law or with any rules or procedure authorized or recognized thereby.
34. Operation of Part IIThis Part shall not affect any arbitration commenced before the commencement of this Act, but shall apply to an arbitration so commenced after the commencement of this Act under an agreement made before the commencement of this Act.
35. Application of this Act 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, 1950, of the United Kingdom, or any Act which that Act replaced, such contract shall be read as if this Act were substituted for the aforesaid Act of the United Kingdom,[14 Geo. 6, c. 27]
Part III – Enforcement of certain foreign awards
36. Awards to which Part III applies
37. Effect of foreign awards
38. Conditions for enforcement of foreign awards
40. 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.
41. Saving for other rights, etc.Nothing in this Part shall—
History of this document
31 December 2014 this version
06 November 1967