By Chisomo Phiri
The Malawi Law Society (MLS) in collaboration with the Malawi Confederation of Chambers of Commerce and Industry (MCCCI) on Friday March 21,2025 officially inaugurated the Malawi International Arbitration Centre (MIAC) at Mount Soche hotel in Blantyre,marking a significant step forward in the country’s dispute resolution landscape.
Speaking to journalists, Chief Justice Rizine Mzikamanda said MIAC is a private company limited by guarantee that will administer both domestic and international commercial and investment disputes.
He assured that the Judiciary will support the arbitration process, recognizing the importance of alternative dispute resolution mechanisms.
“The Judiciary will not hinder the arbitration process, as arbitration laws require courts to decline jurisdiction and refer disputes to arbitration when there is a valid agreement,” said Mzikamanda.
On his part,MLS President Patrick Mpaka highlighted the benefits of MIAC, stating that it will not only reduce pressure on courts but also provide businesses with greater control over resolving commercial and investment disputes.
In his solidarity speech,Attorney General(AG )Thabo Chakaka-Nyirenda expressed the government’s full support for alternative dispute resolution mechanisms, citing studies that show arbitration can reduce business costs by up to 50%.
The Malawi Government acceded to the New York Convention in June 2021.
Parliament passed the International Arbitration Act in 2023.
Domestic arbitration is firmly rooted in Arbitration Act, 1967 which is a replica of the English Arbitration Act 1950.
The Malawi Supreme Court of Appeal pronounced a landmark decision in March 2024 endorsing the
independence of any form of arbitration from judicial intervention in Malawi.
As part of integration into regional initiative for international arbitration, 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 recognized arbitration institutions emerging within the SADC region.
On September 5 and 6, 2024, MCCCI and MLS hosted a symposium to introduce MIAC and the initiative to the business community.
