RECOGNITION AND ENFORCEMENT OF CROSS-BORDER ONLINE ARBITRATION AND ARBITRAL AWARDS IN MALAWI

Abstract

The study examines the suitability of the legal regime of Malawi arbitration for recognition and enforcement of cross-border e-arbitration and arbitral awards. Due to advancement of technology e-Arbitration is fast replacing the traditional means of arbitration as a form of alternative dispute settlement. In Malawi the legal framework for arbitration remains largely that of 1967 Arbitration Act. In this form it is assumed that the framework is not adapted to reflect the trends in e-commerce and that it creates obstacles that may stand in the way of the successful implementation of e-arbitration in Malawi. This study uses doctrinal approach and analyses the arbitration framework in Malawi to assess its ability for recognition and enforcement of cross border e-awards.