- Section 1 of Arbitration Act CAP 49: Short title
This Act may be cited as the Arbitration Act, 1995.
- Section 2 of Arbitration Act CAP 49: Application
Except as otherwise provided in a particular case the provisions of this Act shall apply to domestic arbitration and international arbitration.
- Section 3 of Arbitration Act CAP 49: Interpretation
(1) In this Act, unless the context otherwise requires—
“arbitration” means any arbitration whether or not administered by a permanent arbitral institution;
“arbitration agreement” means an agreement by the parties to submit to arbitration all or certain disputes which have arisen or which may...
- Section 4 of Arbitration Act CAP 49: Form of arbitration agreement
(1) An arbitration agreement may be in the form of an arbitration clause in acontract or in the form of a separate agreement.
(2) An arbitration agreement shall be in writing.
(3) An arbitration agreement is in writing if it is contained in—
(a) a document signed by the parties;
(b) an exchange...
- Section 5 of Arbitration Act CAP 49: Waiver of right to object
A party who knows that any provision of this Act from which the parties may derogate or any requirement under the arbitration agreement has not been complied with and yet proceeds with the arbitration without stating his objection to such non-compliance without undue delay or, if a time limit is...
- Section 6 of Arbitration Act CAP 49: Stay of legal proceedings
(1) A court before which proceedings are brought in a matter which is thesubject of an arbitration agreement shall, if a party so applies not later than the time when that party enters appearance or otherwise acknowledges the claim against which the stay of proceedings is sought, stay the...
- Section 7 of Arbitration Act CAP 49: Interim measures by court
(1) It is not incompatible with an arbitration agreement for a party to requestfrom the High Court, before or during arbitral proceedings, an interim measure of protection and for the High Court to grant that measure.
(2) Where a party applies to the High Court for an injunction or other interim...
- Section 8 of Arbitration Act CAP 49: Death of a party
(1) An arbitration agreement is not discharged by the death of any party thereto,either as respects the deceased or any other party, but in such event is enforceable by or against the personal representative of the deceased.
(2) The authority of an arbitrator is not revoked by the death of any...
- Section 9 of Arbitration Act CAP 49: Receipt of, written communications
(1) Unless otherwise agreed in writing between the parties any communication made pursuant to or for the purposes of an arbitration agreement—
(a) being a communication effected by facsimile or electronic mail—
(i) is deemed to have been received if it is transmitted to a facsimile number or...
- Section 10 of Arbitration Act CAP 49: Extent of court intervention
Except as provided in this Act, no court shall intervene in matters governed by this Act.
- Section 11 of Arbitration Act CAP 49: Determination of number of arbitrators
(1) The parties are free to determine the number of arbitrators.
(2) Failing such determination, the number of arbitrators shall be one.
(3) Where an arbitration agreement provides that the reference shall be to two arbitrators, then, unless a contrary intention is expressed in the agreement, the...
- Section 12 of Arbitration Act CAP 49: Appointment of arbitrators
(1) No person shall be precluded by reason of that person’s nationality from acting as an arbitrator, unless otherwise agreed by the parties.
(2) The parties are free to agree on a procedure of appointing the arbitrator or arbitrators and any chairman and failing such agreement—
(a) in an...
- Section 13 of Arbitration Act CAP 49: Grounds for challenge
(1) When a person is approached in connection with his possible appointmentas an arbitrator, he shall disclose any circumstances likely to give rise to justifiable doubts as to his impartiality or independence.
(2) From the time of his appointment and throughout the arbitral proceedings,an...
- Section 14 of Arbitration Act CAP 49: Challenge procedure
(1) Subject to subsection (3), the parties are free to agree on a procedure for challenging an arbitrator.
(2) Failing an agreement under subsection (1), a party who intends to challenge an arbitrator shall, within 15 days after becoming aware of the composition of the arbitral tribunal or after...
- Section 15 of Arbitration Act CAP 49: Failure or impossibility to act
(1) The mandate of an arbitrator shall terminate if—
(a) he is unable to perform the functions of his office or for any other reason fails to conduct the proceedings properly and with reasonable dispatch; or
(b) he withdraws from his office; or
(c) the parties agree in writing to the termination...
- Section 16 of Arbitration Act CAP 49: Termination of mandate and substitution of arbitrator
(1) Where the mandate of an arbitrator is terminated under section 14 or 15, asubstitute arbitrator shall be appointed in accordance with the procedure that was applicable to the appointment of the arbitrator being replaced.
(2) Unless otherwise agreed by the parties—
(a) where a sole arbitrator...
- Section 16A of Arbitration Act CAP 49: Withdrawal of arbitrator
(1) Unless otherwise agreed by the parties, an arbitrator who withdraws from his office may, if prior notice has been given to the parties, apply to the High Court—
(a) to grant him relief from any liability thereby incurred by him; and
(b) to make such order as the court thinks fit with respect...
- Section 16B of Arbitration Act CAP 49: Immunity of arbitrator
(1) An arbitrator shall not be liable for anything done or omitted to be done in good faith in the discharge or purported discharge of his functions as an arbitrator.
(2) Subsection (1) shall extend to apply to a servant or agent of an arbitrator inrespect of the discharge or purported discharge by...
- Section 17 of Arbitration Act CAP 49: Competence of arbitral tribunal to rule on its jurisdiction
(1) The arbitral tribunal may rule on its own jurisdiction, including ruling on any objections with respect to the existence or validity of the arbitration agreement, and for that purpose—
(a) an arbitration clause which forms part of a contract shall be treated as an agreement independent of the...
- Section 18 of Arbitration Act CAP 49: Power of arbitral tribunal
(1) Unless the parties otherwise agree, an arbitral tribunal may, on the application of a party—
(a) order any party to take such interim measure of protection as the arbitral tribunal may consider necessary in respect of the subject matter of the dispute, with or without an ancillary order...
- Section 19 of Arbitration Act CAP 49: Equal treatment of parties
The parties shall be treated with equality and each party shall subject to section 20, be given a fair and reasonable opportunity to present his case.
- Section 19A of Arbitration Act CAP 49: General duty of parties
The parties to arbitration shall do all things necessary for the proper and expeditious conduct of the arbitral proceedings.
- Section 20 of Arbitration Act CAP 49: Determination of rules of procedure
(1) Subject to the provisions of this Act, the parties are free to agree on the procedure to be followed by the arbitral tribunal in the conduct of the proceedings.
(2) Failing an agreement under subsection (1), the arbitral tribunal may conduct the arbitration in the manner it considers...
- Section 21 of Arbitration Act CAP 49: Place of arbitration
(1) The parties are free to agree on the juridicial seat of arbitration and the location of any hearing or meeting.
(2) Failing an agreement under subsection (1), the place of arbitration shall be determined by the arbitral tribunal having regard to the circumstances of the case and convenience of...
- Section 22 of Arbitration Act CAP 49: Commencement of arbitral proceedings
Unless the parties otherwise agree, the arbitral proceedings in respect of a particular dispute shall commence on the date on which a request for the dispute to be referred to arbitration is received by the respondent.
- Section 23 of Arbitration Act CAP 49: Language
(1) The parties are free to agree upon the language or languages to be used in the arbitral proceedings.
(2) Failing an agreement under subsection (1), the arbitral tribunal shall determine the language or languages to be used in the arbitral proceedings.
(3) The agreement or determination under...
- Section 24 of Arbitration Act CAP 49: Statement of claim and defence
(1) Within the period of time agreed upon by the parties or determined by thearbitral tribunal, the claimant shall state the facts supporting his claim, the points at issue and the relief or remedy sought, and the respondent shall state his defence in respect of these particulars, unless the parties...
- Section 25 of Arbitration Act CAP 49: Hearing and written representations
(1) Subject to any agreement to the contrary by the hearing parties, the arbitral tribunal shall decide whether to hold oral hearing for the presentation of evidence or for oral argument, or whether the proceedings shall be conducted on the basis of documents and other materials furnished under...
- Section 26 of Arbitration Act CAP 49: Default of a party
Unless otherwise agreed by the parties, if, without showing sufficient cause—
(a) the claimant fails to communicate his statement of claim in accordance with section 24(1), the arbitral tribunal shall terminate the arbitral proceedings;
(b) the respondent fails to communicate his statement of...
- Section 27 of Arbitration Act CAP 49: Experts
(1) Unless otherwise agreed by the parties, the arbitral tribunal may—
(a) appoint one or more experts to report to it on specific issues to be determined by the arbitral tribunal; and
(b) require a party to give the expert any relevant information or to produce or provide access to, any relevant...