oa Comparative and International Law Journal of Southern Africa - Arbitration law in Malawi and its implications for the PTA/SADCC organisations
It is common knowledge that Malawi is a very strong member of two regional organisations, namely: the Preferential Trade Area (PTA) and the Southern Africa Development Coordination Conference (SADCC). The principal aim of both of these organisations is the enhancement of trade among the member states. This means that the various governments within these organisations should embark on a deliberate campaign to encourage intra-regional trade. However, increased trade amongst the member states will naturally mean that disputes of an international nature will arise between the contracting parties. One method of dispute settlement is by arbitration. In this article the author examines the Malawian Arbitration Act. The provisions of this Act are analysed, followed by a discussion on how the Act is applied in practice, including references to decided cases. Finally, the suitability of the Act is considered for the determination of international commercial disputes; and if it is not, what can be done to rectify the situation.
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