Reforming the Companies Act dispute resolution framework: a case for the establishment of a companies tribunal for Zambia

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dc.contributor.advisorYeats, Jacquelineen_ZA
dc.contributor.authorChola, Mwewaen_ZA
dc.date.accessioned2015-11-21T09:37:53Z
dc.date.available2015-11-21T09:37:53Z
dc.date.issued2015en_ZA
dc.description.abstractCompanies play a very important role in the economy of any country. A country's economic growth and development depend largely on whether or not its regulatory environment is conducive for enterprises to thrive. In recognition of the important role companies and businesses generally play in an economy, several developing countries have, in recent years, been carrying out reforms intended to enhance the ease of doing business in their respective countries. Zambia has been no exception. Some of the issues that are widely accepted as having an influence on the ease of doing business include the cost and length of dispute resolution for businesses. Therefore, it is unsurprising that some reforms aimed at, among other things, expediting and lowering the cost of commercial dispute resolution have taken place in Zambia. For example, the commercial list of the High Court was established in 1999with a view to expediting the resolution of commercial disputes. However, the cost of commercial dispute resolution remains of concern. The dissertation explores the Zambian Companies Act dispute resolution framework in a bid to consider its standing vis-à-vis enhancing Zambia's competitiveness in so far as the ease of doing business is concerned. It posits that the Companies Act resolution framework does not help Zambia's quest to enhance the ease of doing business on the dispute resolution front because it is predominantly anchored on recourse to court. A comparative study of current trends in company law dispute resolution is undertaken, which reveals a shift from reliance on the courts as the predominant dispute resolution forum to tribunal based dispute resolution. The dissertation ultimately recommends the establishment of a Companies Tribunal for Zambia as a measure that would contribute to lowering the cost of commercial dispute resolution - at least in the context of the Companies Act - and enhancing the ease of doing business in Zambia.en_ZA
dc.identifier.apacitationChola, M. (2015). <i>Reforming the Companies Act dispute resolution framework: a case for the establishment of a companies tribunal for Zambia</i>. (Thesis). University of Cape Town ,Faculty of Law ,Department of Commercial Law. Retrieved from http://hdl.handle.net/11427/15183en_ZA
dc.identifier.chicagocitationChola, Mwewa. <i>"Reforming the Companies Act dispute resolution framework: a case for the establishment of a companies tribunal for Zambia."</i> Thesis., University of Cape Town ,Faculty of Law ,Department of Commercial Law, 2015. http://hdl.handle.net/11427/15183en_ZA
dc.identifier.citationChola, M. 2015. Reforming the Companies Act dispute resolution framework: a case for the establishment of a companies tribunal for Zambia. University of Cape Town.en_ZA
dc.identifier.ris TY - Thesis / Dissertation AU - Chola, Mwewa AB - Companies play a very important role in the economy of any country. A country's economic growth and development depend largely on whether or not its regulatory environment is conducive for enterprises to thrive. In recognition of the important role companies and businesses generally play in an economy, several developing countries have, in recent years, been carrying out reforms intended to enhance the ease of doing business in their respective countries. Zambia has been no exception. Some of the issues that are widely accepted as having an influence on the ease of doing business include the cost and length of dispute resolution for businesses. Therefore, it is unsurprising that some reforms aimed at, among other things, expediting and lowering the cost of commercial dispute resolution have taken place in Zambia. For example, the commercial list of the High Court was established in 1999with a view to expediting the resolution of commercial disputes. However, the cost of commercial dispute resolution remains of concern. The dissertation explores the Zambian Companies Act dispute resolution framework in a bid to consider its standing vis-à-vis enhancing Zambia's competitiveness in so far as the ease of doing business is concerned. It posits that the Companies Act resolution framework does not help Zambia's quest to enhance the ease of doing business on the dispute resolution front because it is predominantly anchored on recourse to court. A comparative study of current trends in company law dispute resolution is undertaken, which reveals a shift from reliance on the courts as the predominant dispute resolution forum to tribunal based dispute resolution. The dissertation ultimately recommends the establishment of a Companies Tribunal for Zambia as a measure that would contribute to lowering the cost of commercial dispute resolution - at least in the context of the Companies Act - and enhancing the ease of doing business in Zambia. DA - 2015 DB - OpenUCT DP - University of Cape Town LK - https://open.uct.ac.za PB - University of Cape Town PY - 2015 T1 - Reforming the Companies Act dispute resolution framework: a case for the establishment of a companies tribunal for Zambia TI - Reforming the Companies Act dispute resolution framework: a case for the establishment of a companies tribunal for Zambia UR - http://hdl.handle.net/11427/15183 ER - en_ZA
dc.identifier.urihttp://hdl.handle.net/11427/15183
dc.identifier.vancouvercitationChola M. Reforming the Companies Act dispute resolution framework: a case for the establishment of a companies tribunal for Zambia. [Thesis]. University of Cape Town ,Faculty of Law ,Department of Commercial Law, 2015 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/15183en_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.titleReforming the Companies Act dispute resolution framework: a case for the establishment of a companies tribunal for Zambiaen_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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