Arbitration practice in Zambia : the process and its legal impediments

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dc.contributor.advisorKalula, Evanceen_ZA
dc.contributor.authorSianondo, Clavelen_ZA
dc.date.accessioned2016-07-26T12:21:09Z
dc.date.available2016-07-26T12:21:09Z
dc.date.issued2016en_ZA
dc.description.abstractArbitration as a process of dispute resolution has been pivotal in addressing a lot of business needs to have the dispute resolved within a short period and with less inconveniences to their business. The principle of confidentiality gives impetus to the process. The skill of the arbitrators and the general party autonomy has made the process and awards to be fully complied. Despite the monumental progress made in the field of arbitration as a means of dispute settlement, the process has been beset by reversal which is inherent in the Arbitration Act itself thereby whittling down the advantages ascribed to the process. To this end, the study therefore highlights the historical development of arbitration in Zambia. The process of arbitration and its role in enhancing access to justice will also be examined. The advantages and how the same have been weakened by the Arbitration Act, other legislations and indeed the interpretive impositions by the court will be investigated. Among other provisions which fly in the teeth of the entire process is its usually unqualified attachment to the court system without cognisance of the aspiration of the entire process of arbitration. To redress these weaknesses in the Act and the rules which guide the arbitration process, this study will spur reforms so as to bring the law into conformity with the expectations of the end users.en_ZA
dc.identifier.apacitationSianondo, C. (2016). <i>Arbitration practice in Zambia : the process and its legal impediments</i>. (Thesis). University of Cape Town ,Faculty of Law ,Department of Commercial Law. Retrieved from http://hdl.handle.net/11427/20794en_ZA
dc.identifier.chicagocitationSianondo, Clavel. <i>"Arbitration practice in Zambia : the process and its legal impediments."</i> Thesis., University of Cape Town ,Faculty of Law ,Department of Commercial Law, 2016. http://hdl.handle.net/11427/20794en_ZA
dc.identifier.citationSianondo, C. 2016. Arbitration practice in Zambia : the process and its legal impediments. University of Cape Town.en_ZA
dc.identifier.ris TY - Thesis / Dissertation AU - Sianondo, Clavel AB - Arbitration as a process of dispute resolution has been pivotal in addressing a lot of business needs to have the dispute resolved within a short period and with less inconveniences to their business. The principle of confidentiality gives impetus to the process. The skill of the arbitrators and the general party autonomy has made the process and awards to be fully complied. Despite the monumental progress made in the field of arbitration as a means of dispute settlement, the process has been beset by reversal which is inherent in the Arbitration Act itself thereby whittling down the advantages ascribed to the process. To this end, the study therefore highlights the historical development of arbitration in Zambia. The process of arbitration and its role in enhancing access to justice will also be examined. The advantages and how the same have been weakened by the Arbitration Act, other legislations and indeed the interpretive impositions by the court will be investigated. Among other provisions which fly in the teeth of the entire process is its usually unqualified attachment to the court system without cognisance of the aspiration of the entire process of arbitration. To redress these weaknesses in the Act and the rules which guide the arbitration process, this study will spur reforms so as to bring the law into conformity with the expectations of the end users. DA - 2016 DB - OpenUCT DP - University of Cape Town LK - https://open.uct.ac.za PB - University of Cape Town PY - 2016 T1 - Arbitration practice in Zambia : the process and its legal impediments TI - Arbitration practice in Zambia : the process and its legal impediments UR - http://hdl.handle.net/11427/20794 ER - en_ZA
dc.identifier.urihttp://hdl.handle.net/11427/20794
dc.identifier.vancouvercitationSianondo C. Arbitration practice in Zambia : the process and its legal impediments. [Thesis]. University of Cape Town ,Faculty of Law ,Department of Commercial Law, 2016 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/20794en_ZA
dc.language.isoengen_ZA
dc.publisher.departmentDepartment of Commercial Lawen_ZA
dc.publisher.facultyFaculty of Lawen_ZA
dc.publisher.institutionUniversity of Cape Town
dc.subject.otherCommercial Lawen_ZA
dc.subject.otherDispute Resolutionen_ZA
dc.titleArbitration practice in Zambia : the process and its legal impedimentsen_ZA
dc.typeMaster Thesis
dc.type.qualificationlevelMasters
dc.type.qualificationnameLLMen_ZA
uct.type.filetypeText
uct.type.filetypeImage
uct.type.publicationResearchen_ZA
uct.type.resourceThesisen_ZA
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