- Section 29 of Arbitration Act CAP 49: Rules applicable to substance of dispute
(1) The arbitral tribunal shall decide the dispute in accordance with the rules oflaw chosen by the parties as applicable to the substance of the dispute.
(2) The choice of the law or legal system of any designated state shall beconstrued, unless otherwise agreed by the parties, as directly...
- Section 30 of Arbitration Act CAP 49: Decision making by panel of arbitrators
(1) Unless otherwise agreed by the parties, in arbitral proceedings with more than one arbitrator, any decision of the arbitral tribunal shall be made by a majority of all its members.
(2) Notwithstanding subsection (1), if authorized by the parties or all the members of the arbitral tribunal,...
- Section 31 of Arbitration Act CAP 49: Settlement
(1) If, during arbitral proceedings, the parties settle the dispute, the arbitral tribunal shall terminate the proceedings and, if requested by the parties and not objected to by the arbitral tribunal, record the settlement in the form of an arbitral award on agreed terms.
(2) An arbitral award on...
- Section 32 of Arbitration Act CAP 49: Form and contents of arbitral award
(1) An arbitral award shall be made in writing and shall be signed by the arbitrator or the arbitrators.
(2) For the purposes of subsection (1), in arbitral proceedings with more than one arbitrator, the signatures of the majority of all the arbitrators shall be sufficient so long as the reasons...
- Section 32A of Arbitration Act CAP 49: Effect of award
Except as otherwise agreed by the parties, an arbitral award is final and binding upon the parties to it, and no recourse is available against the award otherwise than in the manner provided by this Act.
- Section 32B of Arbitration Act CAP 49: Costs and expenses
(1) Unless otherwise agreed by the parties, the costs and expenses of an arbitration, being the legal and other expenses of the parties, the fees and expenses of the arbitral tribunal and any other expenses related to the arbitration, shall be as determined and apportioned by the arbitral tribunal...
- Section 32C of Arbitration Act CAP 49: Interest
Unless otherwise agreed by the parties, to the extent that the rules of law applicable to the substance of the dispute permit, an arbitral award may include provision for the payment of simple or compound interest calculated from such date, at such rate and with such rests as may be specified in the...
- Section 33 of Arbitration Act CAP 49: Termination of arbitral proceedings
(1) The arbitral proceedings shall be terminated by the final arbitral award orby an order of the arbitral tribunal under subsection (2).
(2) The arbitral tribunal shall issue an order for the termination of the arbitralproceedings where—
(a) the claimant withdraws his claim, unless the respondent...
- Section 34 of Arbitration Act CAP 49: Correction and interpretation of arbitral award; additional award
(1) Within 30 days after receipt of the arbitral award, unless a different period of time has been agreed upon by the parties—
(a) a party may, upon notice in writing to the other party, request the arbitral tribunal to correct in the arbitral award any computation errors, any clerical or...
- Section 35 of Arbitration Act CAP 49: Application for setting aside arbitral award
(1) Recourse to the High Court against an arbitral award may be made only by an application for setting aside the award under subsections (2) and (3).
(2) An arbitral award may be set aside by the High Court only if—
(a) the party making the application furnishes proof—
(i) that a party to the...
- Section 36 of Arbitration Act CAP 49: Recognition and enforcement of awards
(1) A domestic arbitral award, shall be recognized as binding and, upon application in writing to the High Court, shall be enforced subject to this section and section 37.
(2) An international arbitration award shall be recognised as binding and enforced in accordance to the provisions of the New...
- Section 37 of Arbitration Act CAP 49: Grounds for refusal of recognition or enforcement
(1) The recognition or enforcement of an arbitral award, irrespective of the state in which it was made, may be refused only—
(a) at the request of the party against whom it is invoked, if that party furnishes to the High Court proof that—
(i) a party to the arbitration agreement was under some...
- Section 38 of Arbitration Act CAP 49: Bankruptcy
(1) Where it is provided by a term in a contract to which a bankrupt is a party that any differences arising out of or in connection with the contract shall be referred to arbitration, then if the trustee in bankruptcy adopts the contract, that term is enforceable by or against him so far as relates...
- Section 39 of Arbitration Act CAP 49: Questions of law arising in domestic arbitration
(1) Where in the case of a domestic arbitration, the parties have agreed that—
(a) an application by any party may be made to a court to determine any question of law arising in the course of the arbitration; or
(b) an appeal by any party may be made to a court on any question of law arising out...
- Section 40 of Arbitration Act CAP 49: Rules
The Chief Justice may make rules of Court for—
(a) the recognition and enforcement of arbitral awards and all proceedings consequent thereon or incidental thereto;
(b) the filing of applications for setting aside arbitral awards;
(c) the staying of any suit or proceedings instituted in...
- Section 41 of Arbitration Act CAP 49: Government to be bound
This Act shall bind the Government.
- Section 42 of Arbitration Act CAP 49: Repeal of Cap. 49 and saving
(1) The Arbitration Act (Cap. 49) is repealed.
(2) The repeal of the Arbitration Act (Cap. 49) shall not affect any arbitral proceedings commenced before the coming into operation of this Act.
(3) For the purposes of this subsection, any arbitral proceedings shall be deemed to have commenced on...