Abstract
This exhaustive analysis explores Sierra Leone’s 2022 Arbitration Act dissecting its provisions with the aim of unveil the Act’s evolution, highlight improvements, and delineate the shifting role of courts in the Alternative Dispute Resolution (ADR) landscape. The examination extends to various sections of the law, offering a thorough exploration of its multifaceted dimensions.
Introduction
Arbitration, as a formal Alternative Dispute Resolution (ADR) mechanism, plays a pivotal role in Sierra Leone’s legal landscape. This article undertakes a comprehensive exploration of Sierra Leone’s 2022 Arbitration Act, shedding light on its transformative evolution and the enhancements it brings to the arbitration regime. It particularly focuses on the Act’s significance in the ADR spectrum, emphasizing the evolution from the outdated Cap 25 and delving into the nuanced involvement of courts in arbitral proceedings.
The New Law
Sierra Leone’s arbitration landscape underwent a paradigm shift with the enactment of the Arbitration Act of 2022, a comprehensive legal framework that not only replaces Cap 25 but aligns the nation with international arbitration standards. The preamble sets the tone for the Act, incorporating key international conventions such as the New York Convention and addressing both domestic and international arbitration. The Act’s scope is broad, covering initiation, recognition, enforcement, and the pivotal role of the Sierra Leone International Arbitration Center.
Arbitration Agreement and Initiating Proceedings
The Act places significant emphasis on the arbitration agreement as the cornerstone of the arbitral process. It stipulates that such agreements are irrevocable unless otherwise agreed, emphasizing the doctrine of separability. Furthermore, the Act provides clarity on determining the seat of arbitration, the number of arbitrators, and the procedures for challenging arbitrators. These provisions serve to enhance the clarity and efficiency of the arbitration initiation process.
Duties of an Arbitral Tribunal and Presentation of Evidence
Sections 42 and 43 delineate the expanded powers of arbitral tribunals, ensuring fairness, impartiality, and efficiency in the resolution process. The Act provides a detailed framework for procedural matters, evidence presentation, and the tribunal’s active role in fact-finding. Additionally, the Act introduces confidentiality provisions, safeguarding sensitive information and promoting transparency.
Setting Aside an Arbitral Award
Building on Section 12(2), the Act refines the grounds for setting aside arbitral awards, establishing a clear and structured process. It introduces specific grounds for challenging awards, reducing ambiguity and providing a more transparent framework for parties seeking recourse.
Recognition and Enforcement of Arbitral Awards
Section 65 underscores the binding and enforceable nature of arbitral awards in Sierra Leone. By incorporating international conventions such as the New York Convention and ICSID Convention, the Act facilitates the recognition and enforcement of foreign awards. Section 66 introduces grounds for refusing recognition and enforcement, ensuring a balanced and principled approach.
Additional Provisions
Beyond the aforementioned sections, the Act includes detailed provisions that govern various aspects of arbitration, including:
- Arbitration Panel Composition (Section 12): Empowers parties to determine the number of arbitrators, with default provisions for international and domestic arbitration.
- Arbitrator Immunity (Section 21): Shields arbitrators from liability unless bad faith is demonstrated, ensuring the independence of arbitrators in their decision-making.
- Seat of Arbitration Determination (Section 8): Provides criteria for establishing the seat of arbitration, considering the parties, transaction connections, and chosen governing law.
- Challenge of Arbitrators (Section 17): Sets grounds for challenging arbitrators, ensuring the integrity of the arbitration process.
- Language of Arbitral Proceedings (Section 48): Empowers parties to determine the language of proceedings, with translations required as agreed upon or determined by the arbitral tribunal.
- Confidentiality of Arbitration Proceedings (Section 50): Establishes strict confidentiality, subject to limited exceptions, safeguarding sensitive information exchanged during arbitration.
Sierra Leone International Arbitration Center
The Act establishes the Sierra Leone International Arbitration Center, a dynamic institution responsible for promoting, facilitating, and enhancing international commercial arbitration. The Center’s responsibilities extend beyond administration, encompassing procedural advice, educational initiatives, and collaboration with regional and international bodies. The composition of the Center’s Board ensures diversity, expertise, and gender representation, aligning with contemporary standards.
Composition of Board
The Board’s diverse composition ensures efficiency, diversity, and quality in arbitration processes. Comprising legal experts, representatives from professional bodies, and individuals with proven knowledge in international arbitration, the Board aligns with the Gender Empowerment Act of 2022, showcasing a commitment to gender balance and inclusivity.
Arbitration in Sierra Leone and the Role of Courts
The Act’s relationship with the courts signifies a departure from Cap 25, reducing court influence and enhancing the autonomy of arbitration. The Arbitration Proceedings Rules in the third schedule outline the courts’ limited intervention, ensuring a more streamlined and effective dispute resolution process. While the courts maintain a supervisory role, the Act establishes clear parameters for their involvement, striking a balance between judicial oversight and arbitration autonomy.
Conclusion
Sierra Leone’s 2022 Arbitration Act represents a monumental leap forward in aligning its arbitration landscape with international standards. The Act addresses longstanding gaps present in the repealed Cap 25, ushering in a new era of clarity, efficiency, and fairness in arbitration proceedings. The establishment of the Sierra Leone International Arbitration Center, coupled with reduced court influence, signifies a commitment to a robust and modernized arbitration regime. As Sierra Leone navigates this transformative legal landscape, the Act’s comprehensive provisions and nuanced approach to the role of courts pave the way for a more equitable and efficient dispute resolution mechanism.
Kemeh Kamara is a Barrister and Solicitor of the High Court of Sierra Leone with a passion for research, writing, and publication. She is a highly accomplished legal professional with a wealth of experience and expertise. She is currently based in Conakry, Guinea.
