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{
    "id": 152674,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/152674/?format=api",
    "text_counter": 393,
    "type": "other",
    "speaker_name": "",
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    "speaker": null,
    "content": "Mr. Temporary Deputy Speaker, Sir, on page 53, you will note that one of the things that has caused delays in arbitration is the issue of appointment of an arbitrator. First of all, where one arbitrator has to be appointed, both sides must agree. If both sides do not agree, then the arbitration cannot go on. The arbitration can direct that each side appoints an arbitrator and leave it like that in some agreements. If one side appoints an arbitrator and the other side does not, the arbitration cannot continue. The other problem is that where the two sides have appointed arbitrators, if there is a division then it is one, one. This Bill makes it clear that wherever two arbitrators are appointed, one from each side, the two will appoint their chairman. We have tried to make that issue very clear. Mr. Speaker, Sir, still on that issue, it provides a system where if the other side refuses to appoint an arbitrator, then the person who has appointed the arbitrator, can give notice to the other side, that unless they appoint an arbitrator within a specified time, then the single arbitrator will carry on with the arbitration and conclude the matter. The procedure before was that where the other side refused to appoint an arbitrator, then the one who had appointed an arbitrator, was forced to go to court, file an application in court, for the court to appoint an arbitrator for that person. As soon as the court comes in, the other side, can, in its own way, delay the decision of that issue for as long as it can. In this case, the arbitration will go on. The other side may be at liberty to apply to the court and request the court that the arbitration should not go on and that he wants to appoint an arbitrator. However, a court may refuse to do so, because it must be satisfied that there is good cause for the failure to appoint an arbitrator. This is to make things move. Mr. Speaker, Sir, there was also a procedure whereby the Attorney-General had a role, even in the private arbitration when there was a dispute, to decide. We are now substituting the Attorney-General with the High Court, so that the whole thing becomes more judicial rather than me being involved in all these types of disputes. There are also instances where the mandate of the arbitrator has to be terminated. That is where he has failed to act without undue delay. There have been a number of decisions by the courts, both nationally and internationally, where without undue delay, it is a bit unclear and can also work in justice. We are substituting the words “without undue delay” with the words; “the arbitrator must conduct the proceedings properly and with reasonable dispatch.” You may conduct arbitration proceedings without undue delay, but without doing it properly. So, it has been felt that the word “properly” must be included in the legislation, so that the judge can know that he cannot just rush without undue delay. But again, he is not doing it properly. So, the word “properly” has been introduced. Mr. Speaker, Sir, the other introduction that runs through all these amendments is that these panels will now be called Tribunals. Whereas before we did not have the name “tribunal”. You are just an arbitrator, you sit down and arbitrate. So, you do not really appear to have the authority to decide on things. Once an arbitrator has been appointed, that becomes a tribunal for the purposes of that case. I think when I was answering a Question yesterday on the Anglo Leasing scandal; I said that it is now before the International Tribunal. That tribunal is made up of arbitrators appointed by the Permanent Court of Arbitration. So, the word “tribunal” is already being used internationally. We also want it to apply here. Once you are appointed, you are sitting as a tribunal. So, you must behave as a tribunal with the authority, aura and everything that goes with it."
}