* The Malawi International Arbitration Centre is a joint venture private company limited by guarantee
* Incorporated by the MCCCI and the Malawi Law Society (MLS) on September 7, 2023
* Which establishes and seeks to maintain a private sector-led neutral and independent facility for the resolution or settlement
* Of commercial, investment and other disputes by way of arbitration, mediation and like processes as opposed to litigation in the Courts
By Duncan Mlanjira
In a move towards enhancing Malawi’s business environment in as far as conflict resolution is concerned, Illovo Sugar Malawi sponsors K10 million towards the first-ever Malawi International Arbitration Centre Symposium.
Advertisement
It will be hosted by Malawi Confederation of Chambers of Commerce (MCCI) and the Malawi International Arbitration Centre (MIAC) from Thursday to Friday (September 5-6) at Bingu International Convention Centre (BICC).
The Malawi International Arbitration Centre is a joint venture private company limited by guarantee incorporated by the MCCCI and the Malawi Law Society (MLS) on September 7, 2023 — which establishes and seeks to maintain a private sector-led neutral and independent facility for the resolution or settlement of commercial, investment and other disputes by way of arbitration, mediation and like processes as opposed to litigation in the Courts.
According to the concept note from MCCI and MLS, Malawi International Arbitration Centre is to improve the business environment in Malawi “by institutionalising arbitration and alternative dispute resolution and enhancing access to justice through efficient non-adjudicatory measures in the service of the local and international business community”.
“Its unique feature is that it is a legally sanctioned wholly private initiative that actively promotes collaboration and recognition by state parties and multilateral institutions at national, regional and international levels.
“In furtherance of this main object, the company undertakes to manage and sustainably operationalise an arbitration centre in the Republic of Malawi to maintain and develop the business of alternative dispute resolution by providing services in Malawi and throughout Africa.”
Keynote address at the symposium will be delivered by Minister of Justice, Titus Mvalo who is guest of honour while speakers include MCCI President and MIAC director, Dr. Wisely Phiri; former Attorney General, Dr. Chikosa Silungwe; MCCI CEO, Daisy Kambalame; MIAC company secretary, Pempho Likongwe and MIAC director, Emily Makuta.
Foreign speakers are Samuel Mbiriri Nderitu, who is board director of Nairobi IAC and Kenya ICC national committee as well as chairman of Arbitration Foundation of Southern Africa-SADC, Des Williams.
At the sponsorship handover today, head of legal & corporate affairs, Maureen Kachingwe said “in today’s global economy, the ability to resolve disputes swiftly and fairly is paramount”.
“An efficient arbitration centre will not only boost investor confidence but also attract more foreign direct investment, driving economic growth and creating job opportunities.
“It will provide a reliable mechanism for resolving commercial disputes, ensuring that businesses can operate with greater certainty and security.
Advertisement
“The advantages of this MIAC to the business are many and these include predictability by providing a neutral forum for dispute resolution, saving time and sometimes cost as well and an increased likelihood that judgments will be enforceable through the Convention on the Recognition and Enforcement of Foreign Arbitral Award.
“Illovo Sugar Malawi is delighted to learn that the Malawi International Arbitration Centre will seek to be as participatory and inclusive of the business community and professional bodies as much as possible in the operational structure of the Centre for it to be fully owned and accepted by the business community which is the ultimate beneficiary to its efficient operations.
“We applaud the MCCCI and the MIAC for taking this approach which I am sure will contribute to the success of the Arbitration Centre.
“Furthermore, this sponsorship aligns very well with Illovo’s ‘Thriving Community’ purpose [as] we believe in the power of collaboration with stakeholders to create a conducive business environment that allows for businesses to prosper.
“By partnering with MCCCI and MIAC, we are not only supporting the establishment of the Arbitration Centre but also reinforcing our commitment to enabling a thriving Malawian community where businesses can flourish and contribute to the sustainable development of Malawi.
“Our sponsorship is a powerful statement of our commitment to the prosperity of our nation and a call to action for other businesses to join hands in building a resilient and dynamic economy.”
She added Illovo notes “with keen interest the purpose of the Symposium and hopes that the symposium will achieve its desired goals as well as serve to highlight its advantages to the business community”.
“Together, we are laying the foundation for a brighter future, where businesses can thrive and contribute to the sustainable development of Malawi.”
Advertisement
In their joint concept note and invitation, MCCI and MLS says with full endorsement of the Malawi Government through its accession to the New York Convention — and its recent executive, legislative and judicial pronouncements — the initiative is part of the broader network of like-minded institutions committed to effective, efficient and business-like commercial and investment dispute resolution through the development of a shared arbitration framework and advancement of the practice of international arbitration in the SADC region.
As part of this regional integration initiative, on April 9, 2024 at the Johannesburg Arbitration Week, the MLS signed an Alliance Charter with the Arbitration Foundation of Southern Africa, the SADC Lawyers Association and 12 other Law Societies from within the SADC region — thereby becoming a member of the family of internationally recognised Centres emerging within the SADC region.
“As a duly incorporated entity, the Malawi International Arbitration Centre is at stage where it now needs and seeks to be as participatory and inclusive of the national business community and professional bodies or their members as possible in the legally established operational structure of the Centre in order for the it to be fully owned and accepted by the business community — which is its true ambassador and the ultimate beneficiary for its efficient operations.
“The Centre also needs to raise funds and generate resources for its setting up costs and expenses before it can begin to generate its own income to sustain its efficient operations in the administration and resolution or settlement of commercial, investment and other disputes by way of arbitration, mediation and similar non-adjudicatory processes.
“The Centre’s relevant mandate in this regard is in Article 2 of its Memorandum and Articles of Association. Articles 2.2.6, 2.2.9 and 2.2.14 respectively enable the Centre to convene conferences and symposia designed to support and develop awareness of its activities, to issue and distribute marketing and informative publications and training materials where appropriate and to raise funds by way of such services and through subscriptions and other fundraising activities.
“Article 4.4 of the Articles of Association of the Centre provides that the membership of the Company shall be bodies corporate when it says that no natural person shall be permitted to be members of the Company.
“So far, only the Malawi Law Society and the Malawi Confederation of the Chambers of Commerce are its members being the founding members at incorporation.”
Advertisement
According to MLS and MCCI, the purpose of the symposium is:
(i) to inform the national business community and professional bodies or their members or member firms on the state of development of the Centre and the direction the initiative is taking;
(ii) to give room for formal ownership and participation by the local business community and professional bodies or their members or member firms through recruitment of members to be featured and involved within the organisational structure of the Centre as the institution develops before it progressively starts offering it services to the local and international business community; and
(iii) to raise money to fund the initial setting up costs and expenses for the Centre before the Centre is able to raise its own money to sustain its operations.
Advertisement