By Benadetta Chiwanda Mia:
Authorities are optimistic that the Malawi International Commercial Arbitration Centre (Miac) will be operational by March 2025.
In an interview, Malawi Law Society (MLS) President Patrick Mpaka, who is one of the directors for the arbitration centre, disclosed that plans were underway to open the centre around March 21 and set up offices in Blantyre and Lilongwe.
“This development means businesses in Malawi and beyond can now consider including Miac in their contracts as a centre for resolving disputes as we anticipate the full opening of the centre,” Mpaka said.
The centre is in the process of recruiting its first registrar, who will also serve as chief executive and operating officer, reporting to the board of directors.
Mpaka said the recruitment marked a significant step towards making the institution fully functional, offering arbitration services to the business community both domestically and internationally.
Malawi Confederation of Chambers of Commerce and Industry (MCCCI) President Wisely Phiri acknowledged that significant groundwork has been completed.
“MCCCI and MLS have been collaborating on the establishment of the arbitration centre. This initiative has been in progress for some time and, last year, we held a symposium to discuss our plans with companies, promising that we would work towards operationalising the centre,” Phiri said.
Phiri emphasised that Miac would provide a favourable environment for the business sector in Malawi.
“This will benefit not only Malawi but also the broader region by offering an alternative dispute resolution method outside the courts, addressing complaints about delays that lead to business losses,” he said.
He expressed confidence that more members, both local and international, would join, enhancing the business community’s capabilities in dispute resolution.
In 2023, MLS, in conjunction with MCCCI, registered Commercial Arbitration Centre Limited, a company limited by guarantee, to facilitate Miac operations.
In December 2023, Parliament passed the International Arbitration Bill, which President Lazarus Chakwera assented to in January 2024.
The International Arbitration Act incorporates Model Law on International Commercial Arbitration, establishing the framework for international arbitration in Malawi.
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