AG Chakaka Nyirenda, Inspired by Zambia’s Legal Framework, Assures Malawians of Great Improvements

Attorney General Thabo Chakaka Nyirenda has hailed Zambia’s legal framework on Alternative Dispute Resolution (ADR), describing the Lusaka International Arbitration Centre as a testament to Zambia’s political will towards ADR.

Chakaka Nyirenda made these remarks during the 2025 Lusaka Arbitration Week launch in the Zambian capital, Lusaka, stating that the milestone is significant for ADR development in the SADC region.

He emphasized that the success of a vibrant arbitration system relies on the quality implementation of arbitration laws, which requires a knowledgeable and skilled institution, including the judiciary and commercial bar. He further stressed the need for continuous training for both the judiciary and commercial bar.

“There is no point in having arbitration laws merely on paper. Selecting the right methodology for implementing arbitration laws would make Malawi a suitable choice for commercial arbitration. I also admire my brother, State Counsel Kabesha’s success in saving Zambia a whopping US$500 million, which ANTRA Energy claimed against ZESCO and the Zambian Government,” Chakaka Nyirenda said.

He suggested that for Africa to become a preferred arbitral hub, there should be a consideration of Third Party Funding (TPF). TPF in international arbitration is typically a non-recourse arrangement where an independent commercial funder, with no prior connection to the dispute, provides funding to a party in return for a share of any potential damages awarded. With the global arbitration funding industry now worth over US$15 billion, permitting TPF is seen as advantageous for a jurisdiction’s attractiveness as an arbitral seat.

However, he noted that African jurisdictions have varying approaches to TPF due to differing levels of legal development, economic priorities, and experience with arbitration.

Chakaka Nyirenda also highlighted Malawi’s remarkable progress in harmonizing arbitration, including training nearly 200 lawyers from Malawi, Zambia, Zimbabwe, Namibia, and South Africa on international commercial arbitration. He pointed out the establishment of the Malawi International Arbitration Centre (MIAC), which was marked by a pre-launch conference in Lilongwe presided over by President Lazarus Chakwera, Chief Justice Rezine Mzikamanda, and Minister of Justice Titus Mvalo.

In September 2023, a Bill was drafted to establish the MIAC. The Malawi National Assembly passed the Bill on 7th December 2023, President Chakwera assented to it on 31st January 2024, and the law was published in the Government Gazette on 2nd February 2024. Chakaka Nyirenda described the speed of the process as a testament to the concerted agreement among various stakeholders on the importance of having the MIAC.

He urged stakeholders to consider reforms in modern arbitration laws, transforming outdated laws, strengthening judicial independence, enhancing legal expertise, upholding ethics, and ensuring the enforceability of arbitration agreements and awards.

In conclusion, the Attorney General assured Malawians of his office’s continued support in providing necessary backing to the private sector and professional bodies interested in promoting ADR. He pledged to work tirelessly until the MIAC becomes fully functional.