Point in Time
Act No: No. 4 of 1995
Act Title: ARBITRATION
[ Date of commencement: 2nd January, 1996. ]
[ Date of assent: 10th August, 1995. ]
Arrangement of Sections
PART I – PRELIMINARY
1.
Short title

This Act may be cited as the Arbitration Act, 1995.

2.
Application

Except as otherwise provided in a particular case the provisions of this Act shall apply to domestic arbitration and international arbitration.

PART II – GENERAL PROVISIONS
7.
Interim measures by court
(1)

It is not incompatible with an arbitration agreement for a party to request from 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 order and the arbitral tribunal has already ruled on any matter relevant to the application, the High Court shall treat the ruling or any finding of fact made in the course of the ruling as conclusive for the purposes of the application.

8.
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 party by whom he was appointed.

(3)

Nothing in this section affects the operation of any law by virtue of which any right of action is extinguished by the death of a person.

10.
Extent of court intervention

Except as provided in this Act, no court shall intervene in matters governed by this Act.

PART III – COMPOSITION AND JURISDICTION OF ARBITRAL TRIBUNAL
PART IV – CONDUCT OF ARBITRAL PROCEEDINGS
22.
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.

23.
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 subsection (1) or (2) shall, unless otherwise specified, apply to any written statement by a party, any hearing and any arbitral award, decision or other communication by the arbitral tribunal.

(4)

The arbitral tribunal may order that any documentary evidence shall be accompanied by a translation into the language or languages agreed upon by the parties or determined by the arbitral tribunal.

24.
Statement of claim and defence
(1)

Within the period of time agreed upon by the parties or determined by the arbitral 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 have otherwise agreed as to the required particulars of such statements.

(2)

The parties may submit with their statements all documents they consider to be relevant or may add a reference to the documents or other evidence they will submit.

(3)

Except as otherwise agreed by the parties, either party may amend or supplement his claim or defence during the course of the arbitral proceedings, unless the arbitral tribunal considers it inappropriate to allow the amendment or supplement having regard to the delay in making it.

25.
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 24.

(2)

Unless the parties have agreed that no hearings shall be held, the arbitral tribunal shall hold oral hearings at an appropriate stage of the proceedings, if so required by a party.

(3)

The parties shall be given sufficient advance notice of any hearing and of any meeting of the arbitral tribunal for the purpose of inspection of documents, goods or other property.

(4)

All statements, documents or other information furnished to, or applications made to, the arbitral tribunal by one party shall be communicated to the other party, and any expert report or evidential document on which the arbitral tribunal may rely in making its decisions shall be communicated to the parties.

(5)

At any hearing or meeting of the arbitral tribunal of which notice is required to be given under subsection (3), or in any proceedings conducted on the basis of documents or other materials, the parties may appear or act in person or may be represented by any other person of their choice.

28.
Court assistance in taking evidence

The arbitral tribunal, or a party with the approval of the arbitral tribunal, may request from the High Court assistance in taking evidence, and the High Court may execute the request within its competence and according to its rules on taking evidence.

PART V – ARBITRAL AWARD AND TERMINATION OF ARBITRAL PROCEEDINGS
29.
Rules applicable to substance of dispute
(1)

The arbitral tribunal shall decide the dispute in accordance with the rules of law 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 be construed, unless otherwise agreed by the parties, as directly referring to the substantive law of that state and not to its conflict of laws rules.

(3)

Failing a choice of the law under subsection (1) by the parties, the arbitral tribunal shall apply the rules of law it considers to be appropriate given all the circumstances of the dispute.

(4)

The arbitral tribunal shall decide on the substance of the dispute according to considerations of justice and fairness without being bound by the rules of law, only if the parties have expressly authorized it to do so.

(5)

In all cases, the arbitral tribunal shall decide in accordance with the terms of the particular contract and shall take into account the usages of the trade applicable to the particular transaction.

31.
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 agreed terms shall be made in accordance with section 32 and shall state that it is an arbitral award.

(3)

An arbitral award on agreed terms has the same status and effect as any other arbitral award on the substance of the dispute.

33.
Termination of arbitral proceedings
(1)

The arbitral proceedings shall be terminated by the final arbitral award or by an order of the arbitral tribunal under subsection (2).

(2)

The arbitral tribunal shall issue an order for the termination of the arbitral proceedings where—

(a)

the claimant withdraws his claim, unless the respondent objects to the order and the arbitral tribunal recognises a legitimate interest on his part in obtaining a final settlement of the dispute;

(b)

the parties agree on the termination of the arbitral proceedings; or

(c)

the arbitral tribunal finds that the continuation of the proceedings has for any other reason become unnecessary or impossible.

(3)

Subject to sections 34 and 35, the mandate of the arbitral tribunal shall terminate upon the termination of the arbitral proceedings.

PART VI – RECOURSE TO HIGH COURT AGAINST ARBITRAL AWARD
PART VII – RECOGNITION AND ENFORCEMENT OF AWARDS
PART VIII – MISCELLANEOUS PROVISIONS
40.
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 contravention of an arbitration agreement;

(d)

generally all proceedings in court under this Act.

41.
Government to be bound

This Act shall bind the Government.

42.
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 the date the parties have agreed the proceedings should be commenced or, failing such agreement, on the date of receipt by the respondent of a request for the dispute to be referred to arbitration.