Zambia Statutory instrument

Zambia legislation

Arbitration (Code of Conduct and Standards) Regulations, 2007

arbitrationarbitrator qualificationscommunication rulesconflict of interestcourt annexed arbitrationdisclosuredisclosure restrictionsdispute resolutionelectionsfeeshearing procedureimpartialityprocedurepublic administrationsettlement negotiation

Jurisdiction: Zambia
Structure: 16 provisions
Citation: SI 12 of 2007
Dates: As at 19 Jan 2007

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Dates: As at 19 Jan 2007

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“An arbitrator must act fairly and impartially, treat each party fairly, allow each side a reasonable chance to present its case, use suitable procedures, and withdraw if impartiality is not possible.”

An arbitrator must act fairly and impartially, treat each party fairly, allow each side a reasonable chance to present its case, use suitable procedures, and withdraw if impartiality is not possible. Arbitrators must disclose conflicts or relationships affecting impartiality, keep doing so until the arbitration ends, avoid risky relationships or interests, and not accept gifts or substantial hospitality from a party unless the other party consents. An arbitrator must not form a relationship with any party in a matter if that relationship could create a conflict of interest. An arbitrator may accept an appointment only if qualified, experienced, and able for the case, and must be physically and mentally capable of conducting the proceedings. An arbitrator must explain the process, let parties be heard and represented, conduct the arbitration promptly, follow the agreed procedure, and, if there is more than one arbitrator, let each participate.

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(1) An arbitrator shall act fairly and impartially as between

An arbitrator must act fairly and impartially, treat each party fairly, allow each side a reasonable chance to present its case, use suitable procedures, and withdraw if impartiality is not possible.

Section 1

(1) An arbitrator shall

An arbitrator must explain the process, let parties be heard and represented, conduct the arbitration promptly, follow the agreed procedure, and, if there is more than one arbitrator, let each participate.

Section 5

(I) An arbitrator shall

An arbitrator must give accurate background information, keep professional skills up to date, not solicit appointment, disclose fee basis at the outset, and charge reasonable fees.

Section 9

·(I) An arbitr�tor shaii, after careful,delib�ration, decide all

An arbitrator must decide only the issues submitted, act independently and justly, and may embody a settlement in an award only in the stated circumstances.

Section 13

Western

This provision lists Western districts, ward numbers, and ward names in a schedule.

Section 4

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Source record from zambialii.org · As at 19 Jan 2007

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Showing 16 of 16 provisions

Provision 14Commencement 2

§ 1(1) An arbitrator shall act fairly and impartially as betweenProvision

An arbitrator must act fairly and impartially, treat each party fairly, allow each side a reasonable chance to present its case, use suitable procedures, and withdraw if impartiality is not possible.

1. (1) An arbitrator shall act fairly and impartially as between the parties- (aJ in conducting the arbitral proceedings; (b) in the arbitrator's decisions on matters of procedure and evidence; and (c) in the exercise of other powers conferred on the arbitrator. (2) An arbitrator shall treat each party fairly and shall- (aJ give each party a reasonable opportunity to put their case and to sufficiently deal with that of the party's opponent; and (b) during the conduct of the arbitral proceedings, adopt procedures which are suitable to the case and wiH avoid unnecessary delay and expense in resolving the dispute. (3) If an arbitrator is of the opinion that the arbitrator cannot be impartial in a matter the arbitrator shall disclose the fact to the parties and immediately withdraw from the matter.

Section 1Verify source

§ 2In these Regulations, unless the context otherwiseCommencement

Arbitrators must disclose conflicts or relationships affecting impartiality, keep doing so until the arbitration ends, avoid risky relationships or interests, and not accept gifts or substantial hospitality from a party unless the other party consents.

2. (1) An arbitrator shall disclose at the earliest opportnnity any prior interest or relationship that may affect impartiality and or independence or which might reasonably raise doubts as to the arbitrator's impartiality and or independence in the conduct of the arbitral proceedings. (2) If the circumstances requiring disclosure are not known to the arbitrator prior to acceptanqe of an appointment or at the commencement of the arbitral proceedings, disclosure shall be made when such circumstances become known to the arbitrator. (3) The burden of disclosure rests on the arbitrator and the duty to disclose is a continuing duty which does not cease until the arbitration has been concluded. (4) After appropriate disclosure, the arbitrator may serve if both parties so desire, provided that if the arbitrator believes or perceives that there is a clear conflict of interest, the arbitrator should withdraw, irrespective of the expressed desires of the parties. • 19th January, 2007 Statutory Instruments 37 (5) An arbitrator shall avoid entering into any financial, business, professional, family or social relationship, or acquiring any financial or personal interest, which might adversely affect impartiality and for a reasonable period of time after a case, an arbitrator shall avoid entering into any such relationship, or acquiring any such interest, in circumstances which might reasonably create the unfavourable appearance that the arbitrator was influenced by the anticipation or expectation of the relationship or interest. (6) An arbitrator shall not accept any gift or substantial hospitality, from any party to the arbitration, except in the presence of and with the consent of the other party.

Section 2Verify source

§ 3Every arbitrator conducting arbitral proceedings in Zambia ApplicationProvision

An arbitrator must not form a relationship with any party in a matter if that relationship could create a conflict of interest.

3. An arbitrator shall not establish a relationship with any of the parties in a matter related to the arbitration which may give rise to a conflict of interest. Conflict of Interest

Section 3Verify source

§ 4(l) An arbitrator shall only accept an appointment if theProvision

An arbitrator may accept an appointment only if qualified, experienced, and able for the case, and must be physically and mentally capable of conducting the proceedings.

4. (l) An arbitrator shall only accept an appointment if the arbitrator possesses the qualifications required for the arbitration and has suitable experience and ability for the case. (2) An arbitrator must be physically and mentally capable of Acceptance of Appointment Conduct of proceedings conducting the arbitral proceedings.

Section 4Verify source

§ 5(1) An arbitrator shallCommencement

5. (1) An arbitrator shall- (a) take reasonable steps to ensure that the parties understand the arbitration process before the arbitration commences; (b) accord all parties the right to appear in person and to be heard after due notice of the time and place of hearing; ( c) allow any party the opportunity to be represented by counsel; and (d) ensure that the process provides the parties an opportunity to participate as appropriate . (2) An arbitrator who is a lawyer shall not represent any party to the arbitration or provide legal advice to the parties. (3) An arbitrator shall conduct the arbitration with reasonable dispatch and shall attend hearings and participate in deliberations. An arbitrator shall follow the procedure agreed by the parties and shall deal with all the issues. (4) Where there is more than one arbitrator, the arbitrators shall accord each other an opportunity to participate in all aspects of the proceedings. •

Section 5Verify source

§ 6(I) Where practicable, an arbitrator shall advise the parties SettlementProvision

An arbitrator must, where practicable, help the parties explore an amicable settlement, must not attend settlement negotiations unless the parties ask, and must withdraw from the arbitration if negotiations fail after the arbitrator was present.

6. (I) Where practicable, an arbitrator shall advise the parties Settlement to explore the possibility of reaching an amicable settlement of a matter: 38 Statutory Instruments 19th January, 2007 Confidentiality Provided that the arbitrator shall not be · present at a settlement negotiation, except where expressly requested by the parties. (2) Where an arbitrator is present at a settlement negotiation and the negotiations fail to culminate into a settlement, the arbitrator shall withdraw from the conduct of the arbitration.

Section 6Verify source

§ 7An arbitrator shall not disclose to anyone who is not aProvision

An arbitrator must not disclose information or documents from the arbitral proceedings to non-parties, unless the parties consent, a court orders disclosure, law requires it, or the information reveals an actual or potential threat to human life or national security.

7. An arbitrator shall not disclose to anyone who is not a party to the arbitral proceedings any information or documents that are exchanged in the course of the proceedings except - (a) with the consent of the parties concerned; (b) when ordered to do so by a court or otherwise required to do so by law; or (c) when the 'information discloses an actual or potential threat to human life or national security. Impropriety

Section 7Verify source

§ 8(I)Provision

An arbitrator must avoid improper private communication with parties, keep communications in writing, and send a copy to the other party when writing to one party. The arbitrator may speak privately with a party only in the stated exceptions.

8. (I) An arbitrator shall- (a) avoid impropriety in communicating with the parties; (b) ensure that all communications are in writing; and (c) not communicate privately with any party regarding substantive issues in the case. (2) Notwithstanding clause (c) of subparagraph (I), an arbitrator may communica_te with a party to the proceedings in the absence of another party where- (a) the communication concerns the determination of the time and place of hearing; (b) the other party does not attend a hearing after due notice; or (c) both parties consent to the discussion. (3) Where an arbitrator communicates in writing with one party, the arbitrator shall concurrently send a copy of the communicati�n to the other party.

Section 8Verify source

§ 9(I) An arbitrator shallProvision

An arbitrator must give accurate background information, keep professional skills up to date, not solicit appointment, disclose fee basis at the outset, and charge reasonable fees.

9. (I) An arbitrator shall- (a) provide accurate information regarding the arbitrator's educational background, training and experience; and (b) not actively solicit appointment as an arbitrator. (2) An arbitrator has an obligation to acquire and maintain professional skills and abilities which are required to uphold the quality of arbitration. • Arbitrator's qualifications Bercode Printing Demo 18/06/2020 11 :40:21 AM C 19th January, 2007 Statutory Instruments 39 IO. An arbitrator shall-. Fees (a) disclose the basis offees, disbursements and other charges at the outs�� to enable th� pai:ties decide' �n the �etainer; and (b) charge reasonable fees- (i) having regard to th<? complexity of the matter, the time required, the experience' of.the arbitrator an4 the rates custo�ary in tJie partfoular discipline or dispute; or (ii) according to the foes prescribed by an arbitral ,, Court annexed arbitration Jurisdiction Decision making institution.

Section 9Verify source

§ 11An arbitrator shall, in the case of court annexed arbitration,Provision

In court-annexed arbitration, an arbitrator must follow the fees set by the Court or an arbitral institution.

11. An arbitrator shall, in the case of court annexed arbitration, abide by such fees as maybe determined by the Court or prescribed by an arbitral institution.

Section 11Verify source

§ 12(I) An arbitrator shall i>bservefaithfully both the limitationsProvision

An arbitrator must follow the limits and scope of the jurisdiction given by the governing agreement or instrument, and must accept a party settlement as ending further jurisdiction over settled issues.

12. (I) An arbitrator shall i>bservefaithfully both the limitations and inclusions of the jurisdiction ·conferred by an 'agreement or other instrument under which llie' arbitrator serves. '(2) A direct settlem�nt by the jfu-ties of some or all issues in a case, at _any stage of the proceedings, must'be �cepted by the arbitrator as removing furth�r jt\r/sdictiO!]. oy_e� such issues.

Section 12Verify source

§ 13·(I) An arbitr�tor shaii, after careful,delib�ration, decide allProvision

An arbitrator must decide only the issues submitted, act independently and justly, and may embody a settlement in an award only in the stated circumstances.

13. ·(I) An arbitr�tor shaii, after careful,delib�ration, decide all issues submitted for determination and shall refrain from deciding other issue;. It is importaq.t !o _oq��tve t61/,t � arbitrator does not delegate the duty to d�cide to any other person. (2) An arbitrator shall de�ide ·all matters justly, exercising independent judgment, and shall not pennit outside pressure to affect the decision. (3) In the event that all parties agree upon a settlement ofissues in dispute and request an arbitrator to embody that, agreement in an award, an arbitrator may do $0-, but the arbitrator is not obliged to do so u�less ·satisfied with the ,pfop;iety of the terms of settlement ( 4) Wii�never an arbitrator embodie; � settlement by the p�ies , in,an award, the arbitrator shall state in the award that it is based on an agreement of the parties,

Section 13Verify source

§ 14An arbitrator shall assume full personal responsibility forProvision

An arbitrator must take full personal responsibility for each decision made in a case.

14. An arbitrator shall assume full personal responsibility for the �ecision in ea9h case �eqided. Reliance by an arbitrator on other arbitration , 1 awards or on indepeqdent · ,esearch C 19th January, 2007 Statutory Instruments 43 GOVERNMENT OF ZAMBIA STATUTORY INSTRUMENT No, 13 OF 2007 The Local Government Elections Act (Laws, Volume 16, Cap. 282) The Local Government Elections (Nomination Date and Times of Poll) Order, 2007 IN EXERCISE of the powers contained in section eight of the Local Government Elections Act, the following Order is hereby made: I. This Order may be cited as the Local Government Title Elections (Nomination Date and Times of Poll) Order, 2007.

Section 14Verify source

§ 2In these Regulations, unless the context otherwiseProvision

Nominations for councillor elections may be lodged with the Returning Officer on 25 January 2007 between 0900 and 1500 hours.

2. Nominations for elections of a councillor in every ward of Noni!nation a council set out in the Schedule to this Order may be lodged for Elections with the Returning Officer on Thursday, 25th January, 2007 between 0900 hours and 1500 hours.

Section 2Verify source

§ 3Every arbitrator conducting arbitral proceedings in Zambia ApplicationProvision

The poll for councillor elections in the specified wards must be held on Poll Thursday, 15 February 2007, from 0600 to 1800, unless a ward has only one validly nominated candidate.

3. The poll for the election of a councillor in every ward of a Times of council set out in the Schedule to this Order shall be taken on Poll Thursday, 15th February, 2007 between 0600 hours and 1800 hours: Provided that no such poll shall be taken in a ward in which only one candidate is validly nominated. • Province I. Eastern

Section 3Verify source

§ 4WesternProvision

This provision lists Western districts, ward numbers, and ward names in a schedule.

4. Western SCHEDULE (Paragraph 2 and 3) District Ward No. Name Chadiza Chipata Chilubi Kawambwa Mongu 30112 30315 60107 40119 90419 Taferansoni Chipangali Muteka Kakose Lumba Copies of this Statutory Instrument can be obtained from the Government Printer, P.O. Box 30136, 10101 Lusaka. Price K500 each. 44 Statutory Instruments 19th January, 2007 Made by the Electoral Commission at Lusaka this 17th day of January, 2007 JUSTICE l. C. MAMBILIMA, Chairperson J. J. JALASI, Member G. M. MULAPES!, Member LUSAKA 18th January, 2007 [Ec/101/5/5 CONF.] •

Section 4Verify source

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Local Government Elections Act
Section 14

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