Minister challenges MLS on arbitration
Minister of Justice Titus Mvalo has challenged the Malawi Law Society (MLS) and other players to expedite the functioning of the Malawi International Arbitration Centre (Miac) as an alternative to resolve commercial disputes.
Speaking yesterday at the opening of a three-day Johannesburg Arbitration Week (JAW) at Sandton Convention Centre in South Africa, the minister said Malawi has positioned herself as a credible and reliable venue for resolving international commercial disputes following the acceding to the New York Convention two years ago.
In a speech made available to The Nation, Mvalo said the acceding demonstrated government’s vision to make Malawi an attractive seat for international commercial arbitration.
He said: “We have set the full legislative framework for international arbitration in Malawi. We have already given statutory authority for the centre to use the legally protected name ‘Malawi’.
“We have left it to the Malawi Law Society, Malawi Confederation of Chambers of Commerce and Industry [MCCCI] and the general business community to kick-start the administration of the centre.”
Miac will be operated through Commercial Arbitration Centre Limited, a company limited by guarantee, which MLS and the MCCCI jointly registered last September.
The company’s first directors are MLS president Patrick Mpaka, MCCCI president Lekani Katandula and lawyer Emily Makuta representing the corporate and business community.
According to Mpaka, the company is working towards making it operational so that Miac opens its doors and starts administering commercial and investment arbitrations.
In his presentation titled ‘Malawi International Arbitration Centre: The journey’ at the JAW event yesterday, he said: “So, all is set in Malawi for international arbitration: the Judiciary, the Legislature and the Executive branch of government have clearly expressed themselves on the matter.
“It is now for the private sector, the international community, and the regional bar associations to fully and finally implement the ideas encouraging international arbitration in Malawi.”
In an interview yesterday, Mpaka said Mvalo’s statement at JAW confirms that the arbitration centre will be private sector led which is an international best practice in protection of investment.
The Convention on the Recognition and Enforcement of Foreign Arbitral Awards, adopted by 160 countries, seeks to ensure that arbitration agreements and awards are enforced according to common legislative standards.
