Arbitration (Recognition of Arbitral Institutions) Regulations, 2001 (S.I. No. 73 of 2001)

27th July, 2001 Statutory Instruments GOVERNMENT OF ZAMBIA STATUTORY INSTRUMENT No. 73 OF 2001 The Arbitration Act (Act No. 19 of 2000) The Arbitration (Recognition of Arbitral Institutions) Regulations, 2001 ARRANGEMENT OF REGULATIONS 1. Title 2. Interpretation 3. Application for recognition order 4. Furnishing of additional information and documents 5. Recognition order 6. Notice of refusal to issue recognition order 7. Notice of intention to revoke recognition order 8 Notice of change of name, address, constitution, rules or objects 9. Annual returns IO. Offences and penalties 11. Fee First Schedule Second Schedule Copies of this Statutory lnstrutMnt can be obtained from the Government Printer, P.O. Box 30136, JOJO() Lusaka. Price K2,500 each. 368 Title Interpreta tion Application for recogni tion order Furnishing of additional information and documents Statutory Instruments 27th July, 2001 IN EXERCISE of the powers contained in section twenty-three of the Arbitration Act, the following Regulations are hereby made: 1. These Regulations may be cited as the Arbitration (Recog nition of Arbitral Institutions) Regulations, 2001. 2. In these Regulations ( a)" Act" means the Arbitration Act, 2000; and ( b) " applicant " means the professional body or organisation applying for a recognition order under these Regula tions. 3. (1) An application for a recognition order shall be made in Form ARB 1 and, in addition to the constitution or evidence of authority under which it is constituted referred to in subsection (3) of section twenty-three, it shall be accompanied by ( a) the rules relating to the matters referred to in section twenty-five of the Act; and (b) the application fee set out in the Second Schedule which shall not be refundable. (2) Where the constitution or rules of the applicant are not in the official language, there shall be attached to the application three copies of a translation of the constitution or rules into the official language, in addition to the copy of the constitution or rules in the language in which they were made. 4. In addition to the documents and information referred to in Regulation 3, the Minister may require an applicant to fumish the Minister, within a specified period of not less than twenty-one days, with any of the following: (a) information as to the property, movable or immovable, and the financial position of the applicant; ( b) the balance sheet of the applicant for the financial year preceding the application or for any other financial year; { c) a list of names of members and office bearers of the applicant or any of its committees; ( d) the books of account of the applicant; ( e) minutes or written records of the preceedings of the applicant or of its governing executive body or of any of its committees; (j) the documents of the title to any property held by the applicant; ( g) the register of members of the applicant; or (h) any other information that the Minister may require for the determination of the application. 27th July, 2001 Statutory Instruments 5. On recognition of a professional body or organisation as an arbitral institution, the Minister shall issue to the applicant a recognition order in Form" ARB 2" in the First Schedule and shall cause the order to be published by Gazette Notice. 6. Where the Minister refuses to issue a recognition order, the Minister shall send to the applicant notification of the refusal in the Form " ARB 3" set out in the First Schedule. 7. ( l) Where, under section twenty-six of the Act, the Minister intends to revoke a recognition order, the Minister shall notify the arbitral institution of such intention in the Form" ARB 4" set out in the First Schedule. (2) Where the Minister revokes a recognition order, the Minister shall notify the arbitral institution, of the revocation in the Form I . "ARB 5" set out m the First Schedule and shall cause the revocation to be published by Gazette Notice. 8. An Arbitral institution which changes its name, address or any of the provisions of its constitution or rules, or varies its objects shall, within thirty days of the change, notify the Miniser of the change in the Form " ARB 6 " set out in the First Schedule. 9. The President or Chairperson and the Secretary of an Arbitral institution shall, not later than three months after the end of each financial year of the institution, submit to the Minister a return in relation to that year in the Form ARB 7 set out in the First Schedule. 369 Recognition Order Notice of refusal to issue recognition order Notice of intention to revoke recognition order Notice of change of name. address, constitution, rules or objects Annual returns I 0. Every office bearer and every person managing or assisting Offences and in the management in Zambia of a body or organisation for the penalties settlement of disputes in respect of which a recognition order has not been granted commits an offence and· is liable to a fine n~t exceeding two thousand five hundred penalty units or to imprison ment for a period not exceeding six months or both; and, for a continuing offence, to a fine not exceeding twenty-five penalty units in respect of each day on which the offence continues. 11. The fees set out in the third column of the Second Schedule Fees shall be payable for the matters set out opposite thereto in the second column of that Schedule. FORMS 1. 2. 3. 4. 5. 6. 7. Statutory Instruments 27th July, 2001 FIRST SCHEDULE Application for Recognition as an Arbitral Institution - Form ARB 1 (Reg. 2(1) (a)) Recognition Order - Form ARB2 (Reg. 3) Notification of Refusal to Recognise an Arbitral Institution -Form ARB 3 (Reg. 5) . Notice of Intention to Revoke Recognition of an Arbitral Institution Form ARB4 (Reg. 5 (l)) Notice of Revocation of Recognition of an Arbitral Institution form ARB 5 (Reg. 5 (2)) Notification of Change of Name, Address, Constitution or Rules, or variation of objects of Arbitral Institution - Form ARB 6 (Reg. 6) Annual return • Form ARB 7 (Reg. 7) REPUBLIC OF ZAMBIA FoRM ARBI (To be completed in triplicate) THE ARBITRATION ACT: 2000 (Act No. 19 of 2000) THE ARBITRATION (RECOGNmON OF ARBITRAL INSTITUTIONS) REGULATIONS, 2001 (Regulation 3 (1)) APPLICATION FOR RECOGNITION OF AN ARBITRAL INSTITUTION To the Minister of Legal Affairs The ..................................................•....................................... (name of professional ·body or organisation) hereby applies for recognition as an Arbitral Institution. The following are the particulars of the professional body or organisation: 1. Name of professional body or organisation ................................................... . 2. Office bearer: Designation President/ Chairperson Vice President. Secretary Treasurer Full Names Residential Postal (IN CAPITALS) Occupation Nationality Address Address Date Appointed or elected 3. Place of registered office ........................................................................................................... . 4. Postal Address ........................................................................................................................... . Tel No.:................................................ Fax No .. :.......................... E-mail: .......................... .. 5. Objects of the professional body or Organisation: ................................................... .. ........................................................................................................................................................................................................................................ -..... . 6. The objects are set out in Clause or Rule No.: ......................................................................... .. of the Constitution or authority constituting the professional. body or organisation 27th July, 2001 Statutory Instruments 7. Status of the body or organisation (state whether it is a body corporate, association, society or other type of entity) .................................................................. .. 8. The professional body or organisation was established, incorporated or registered on the ............................... day of ................................................. .. 9. The name of eac~ body or organisation established within or outside Zambia of which the professional body or organisation is a branch or .is affiliated to or connected with .......................................................................................... . ·································································································• ·•····•··········•·· 10. To the best ofour knowledge and belief, there is no other existing professional body or organisation registered or established in the name identical to or so nearly resembling the names of this professional body or organisation for the resolution of disputes, so as to cause confusion to its members or the public. 11. ( a) Qualifications for membership (state the qualifications required of members and attach any relevant Rules or other documents in support)· ................................................................................................ . (b) Classes of membership: ............................................................................ . ...................................................................................... · ........................ . ( c) Present number of members: ...................................................................... . 12. Certification of Arbitrators (State the body, organisation or institution, recognised by the body or organisation, which certifies members as arbitrators. Attach any relevant Rules or other documents in support)· ......................................................................................................... . 13. The following Rules or provisions apply to the body or organisation to ensure the effective monitoring and enforcement of compliance with proper standards of arbitration (attach any relevant documents and identify any relevant Rules or provisions): ........................................................................ . 14. The following Rules and Provisions apply to ensure the integrity, conduct, discipline and control of arbitrators (attach any relevant documents, and identify any Rules or provisions): ................................................................. . 15. Give an explanation of how investigations of complaints by parties against arbitrators are dealt with (attach relevant documents and identify any Rules or provisions applicable including any guidelines on such investiga tions)· ............................................................................................................ . 16. State any other requirements in existence.for the maintenance of proper standards of arbitration ................... ; .............................................................. . Statutory Instruments 27th July, 2001 17. The immovable property held by the professional body or organisation and the manner in which such property is held or vested: ................................... . 18. The date of commencement of the professional body's organisation's financial year- ............................................................................................................... . 19. A copy of the Constitution,and Rules authenticated by the officers of the professional body or organisation is attached to this application. President/Chairperson Secretary Name Signature REPUBLIC OF ZAMBIA Date FormARB2 (To be completed in triplicate) THE ARBITRATION ACT, 2000 (Act No. 19 of 2000) THE ARBITRATION (RECOGNITION OF ARBITRAL INSTITUTIONS) REGULATIONS, 200 l (Regulation 5) RECOGNITION ORDER Whereas the Minister of Legal Affairs is Satisfied that the ..•..........•........... has satisfied the requirements and conditions for recongnition as an arbitral institution under the Arbitration Act, 2000. Now THEREFORE in exercise of the powers contained in that Act, the .................... .. ............... .............. ......................................... .is hereby recognised within Zambia as an arbitral institution. Made at Lusaka the .............•.......... day of.. ...................... , 2 ................................. . Minister of Legal Affairs 27th July, 2001 Statutory Instruments REPUBLIC OF ZAMBIA Form ARB 3 (To be completed in triplicate) THE ARBITRATION ACT, 2000 (Act No. 19 of 2000) THE ARBITRATION (RECOGNITION OF ARBITRAL INSTinJTIONS) REGULATIONS, 2001 (Regulation 6) NOTIFICATION OF REFUSAL TO RECOGNISE AN ARBITRAL INSTITUTION To the President/Chairperson of .................................................... (name of professional body or organisation). I hereby give you notice that, in excercise of the powers conferred on me by section 24 of the Arbitration Act, 2000 I have this day refused to recognise the ....................................................................... as Arbitral Institution under the Act, on the grounds that: ................................................................................................. . Dated at .................. this .....................•....... day of ............................... , 2 ............. . Minister of Legal Affairs REPUBLIC OF ZAMBIA FonnARB4 (To be completed in triplicate) THE ARBITRATION ACT, 2000 (Act No. 19 of 2000) THE ARBITRATION (RECOGNITION OF ARBITRAL INSTITUTIONS) REGULATIONS, 2001 (Regulation 7(1)) NOTICE OF INTENTION TO REVOKE RECOGNITION OF AN ARBITRAL INSTITUTION To : .................................•......................................... (name of Arbitral Institution). TAKE NOTICE that in pursuance of section twenty-six of the Arbitration Act, 2000 on the expiry of a period of three months from the date hereof, l intend to revoke the Recognition Order dated ...............................................................................••...... ........................................................................................................... recognising the .................................................................................................. as an Arbitral Institution under the Act, on the grounds that: ...................................................... . Dated at ..........•....... this ............................. day of ............................... , 2 ........... . Minister of Legal Affairs Note: An Arbitral Institution served with this Notice may within two months, or such longer period as the Minister may allow after the date of service, make representations to the Minister. Statutory Instruments 27th July, 2001 REPUBLIC OF ZAMBIA FonnARB5 (to be completed in triplicate) THE ARBITRATION ACT, 2000 (Act No. 19 of2000) THE ARBITRATION (REcOONITION OF ARBITRAL fNsTITUTIONS) REGULATIONS, 2001 (Regulation 7 (2)) NOTICE OF REVOCATION OF REcooNmON OF AN ARBITRAL INSTITUTION To: .............................................. , ................................ (nameof Arbitral Institution). I hereby give you notice that in accordance with section 26 of the Arbitration Act, 2000, I have this day revoked the Recognition Order dated ............................. . •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••u••••••••••••••••••••••••••••••••• ....................................................................... recognising the .............................. . ....................... .................................................................................. as an Arbitral Institution on the grounds that: ................................................................ .. ,. ......................................... , .................................................. , .................................... . Dated at .................. this ............................. day of .............................. ,, 2 ............. . Minister of Legal Affairs REPUBLIC OF ZAMBIA FormARB6 (to be completed in triplicate) THE ARBITRATION ACT,2000 (Act No. 19 of2000) THE ARBITRATION (RECOONmON OF ARBITRAL INSTl11JTIONS) REGULATIONS, 2001 (Regulation 8) NOTIFICATION OF CHANGE OF NAME, ADDRESS, CoNSTITUTION OR RULES OR VARIATION OF OeJECTS OF ARBITRAL INS111UTION To the Minister of Legal Affairs • A. Notice is hereby given that the Arbitration Institution formerly named ........................................................................................................ . Has changed its name to ........................................................................... . The reason for this change is ..................................................................... . ···········•·.······································································································· ··················································•····•··························································•· •B. Notice is hereby given that (name of Arbitral Institution) ....................... .. ..................................................................................................................... has changed the place of its registered office/postal address• from ........ .. ·······································································•··•·····················•············•······• to .................................................. -............................................................ . ·············································•····•···········•·············•·······································