Arbitration in Africa: arguments for Zambia as an attractive seat of arbitration

Kambafwile, Kalaba

Arbitration in Africa: arguments for Zambia as an attractive seat of arbitration

Thesis / Dissertation

2026

Publisher

University of Cape Town

Department

Department of Commercial Law

Faculty

Faculty of Law

Abstract

As Africa focuses more closely on Alternative Dispute Resolution mechanisms, this study evaluates Zambia's potential as an emerging seat of arbitration. The outcomes of this study aim to provide a comprehensive evaluation of Zambia's capacity as an emerging seat of arbitration in Africa. The study reviewed the Zambian Arbitration Act No. 19 of 2000, fundamentally based on the UNCITRAL Model Law of 1986. Zambia's commitment to recognising and enforcing arbitration awards, with a focus on the role of judicial compliance and expertise in supporting arbitration agreements and awards. It also looks at what makes an attractive seat of arbitration through a study of prominent arbitration hubs both within Africa and internationally, providing insights into the strengths and challenges Zambia could face as an emerging seat of arbitration. The study finds that Zambia has made impressive strides from setting up institutions like the Lusaka Institute for Arbitration Centre to introducing features such as third-party funding, a modern approach also seen in hubs like Singapore. It also demonstrates how Zambia who is a member of the New York Convention on the Recognition and Enforcement of Foreign Arbitration Awards, in conjunction with its judicial system bolster confidence in arbitration proceedings by facilitating the recognition and enforcement of arbitration awards. However, the study identified several areas for improvement. Zambia's legal framework has not been updated with the 2006 UNCITRAL Model Law amendments, leaving gaps in provisions for modern practices like interim measures. Additionally, a lack of rich arbitration expertise and institutional capacity makes competing with established hubs difficult. By modernising its legal framework, maintaining judicial non-interference, enforcing arbitration awards and increasing its capacity in terms of arbitration expertise, Zambia is on its way to becoming widely recognised as an emerging seat of arbitration.