MLS pushes for commercial arbitration institute
Malawi Law Society (MLS) president Patrick Mpaka has underscored the need for the country to open a commercial arbitration institute to woo foreign business investors into the country and help decongest a backlog of commercial cases at commercial courts.
He said this on Thursday at Sunbird Nkopola Lodge in Mangochi during the 2021 Inaugural Malawi International Commercial Arbitration Seminar, MLS organised in conjunction with international partners well-versed with issues of commercial arbitration.
In an interview on the sidelines of the seminar, Mpaka touted the importance of commercial arbitration.
not outsource
He said: “It has to be borne in mind that, before embarking on businesses, investors think about where to invest. If there are no laws to facilitate business disputes resolution in times of trouble, they backslide.
“But if there are laws that facilitate disputes resolution, investors don’t hesitate to flock to that country for massive investment.”
In terms of decongesting the backlog of business cases in commercial courts, Mpaka said having an institute on commercial arbitration will ensure a pool of lawyers who will be handling cases of commercial arbitration, thereby, reducing the cases and serving justice.
To this end, he asked for government’s commitment to help support efforts that will assist the opening up of the institute by domesticating certain conventions and treaties and also review the Arbitration Act.
Arbitration Foundation of Southern Africa (Afsa) advocate Michael Kuper emphasised the need to have a commercial arbitration institute, saying this will ensure the country has well-trained commercial lawyers who will be resolving business disputes locally, thereby saving forex.
“Let disputes in the Southern African Development Community be handled by lawyers within the region,” he advised.
Attorney General Thabo Chakaka-Nyirenda pledged government’s commitment to ensure that it domesticates conventions and Acts which will ease commercial arbitration.
“This issue of commercial arbitration which is under discussion is very crucial to the country. In fact, it is under the Constitution of Malawi which talks about alternative dispute resolution.
