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{
    "id": 152676,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/152676/?format=api",
    "text_counter": 395,
    "type": "other",
    "speaker_name": "",
    "speaker_title": "",
    "speaker": null,
    "content": "Mr. Speaker, Sir, we are also making it clear that the authority of an arbitrator is personal and ceases on his death. This is very important. As I said, there are a number of advocates. You may appoint an advocate from ABC and Company Advocates and the “A” may die. There have been instances where his partners “B” or “C” have now assumed that they take over because they think that particular job belongs to the partnership. These are very personal things. When he is here as an arbitrator, he is acting in his personal capacity. If his shares cease with his firm, that is a private matter between him and his fellow partners in the firm. However, as far as this arbitration is concerned, it is him who is the arbitrator. If he dies, that is the end of it. Unless, of course, whoever appointed him thinks that his partner “B” can now also be appointed as an arbitrator. I just wanted to make that clear in the law. Mr. Speaker, Sir, the other problem we had under the current law was the problem of being an arbitrator and you do not want to continue being an arbitrator. So, you give a notice that you want to stop being an arbitrator. A number of people have been sued for resignation or withdrawal. People have sued arbitrators for that. As I have just stated, arbitrators are here like judges and magistrates. Therefore, they must be immune from proceedings of that nature. On page 59, where an arbitrator withdraws and feels that there may be a problem, he cam now go to the court. The court will hear him and everybody else and then he will be granted relief from any liability after he has been heard. In that sense, he can go to court and ask for immunity because he was really acting as a judge in that case. But he has to be heard. He has to apply. Let all the other parties come there, so that the court can grant him relief from that. These amendments are dealing with situations, which have been identified; situations which normally lead to delays in arbitration, so that arbitration now becomes just like the normal courts where there can be delay in the hearing and disposing of cases. We have heard of situations where arbitration starts and someone goes to court challenging, for example, the arbitration clause. That is a nullity. Since he has gone to court, that means the arbitration cannot proceed because that issue has to be determined by the court. Of course, one also makes sure that the court does not determine that issue for quite sometime. That has been one of the added frustrations of this issue. Just like in other countries, we have a proposal that once you commence the arbitration, it has to continue and even be finalized."
}