High Court of Malawi Commercial Division - 2026

3 judgments

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3 judgments
Citation
Judgment date
January 2026
Court holds domestic jurisdiction prevails; fresh arbitration and foreign proceedings restrained as abuse of process.
Commercial law – arbitration clause – stay of proceedings – section 6(1) Arbitration Act – jurisdiction after Supreme Court of Appeal order – anti-suit injunction – forum shopping – competence of procedural application under CPR 2017.
29 January 2026
An arbitration clause expressly excluding the escrow agent prevents the applicant from obtaining a stay pending arbitration.
Arbitration — Stay of proceedings under s.6 Arbitration Act — Arbitration clause in escrow agreement — Clause expressly excluding escrow agent — Interpretation of exclusion clause — Readiness and willingness to arbitrate required as evidentiary burden.
27 January 2026
Stay refused because contract's "arbitration" clause only required negotiation, not binding arbitration.
Arbitration law – stay of proceedings – clause headed 'ARBITRATION' construed as negotiation clause – heading cannot override clear substantive wording – requirement of valid arbitration agreement under s.6(1).
6 January 2026