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Law library · Sierra Leone · The Arbitration Act, 2022

Section 1: In this Act, unless the context otherwise requires-

Status not yet checkedThe Arbitration Act, 2022, Sierra Leone

"appointing authority" means a person or authority including the Centre in whom parties to an arbitration agreement vest power to take an action for or on behalf of the parties in relation to the "arbitral tribunal" means a panel of unbiased adjudicators which is convened and sits to resolve a dispute by way of arbitration, and may consist of a sole arbitrator or two or more arbitrators including a Chairman or an umpire; "arbitration" means a commercial arbitration whether or not administered by a permanent arbitral institution; "arbitration agreement" means an agreement by the parties to submit to arbitration all or certain disputes which have arisen or which may arise between them in respect of a defined legal relationship, whether contractual or not and may be in the form of an arbitration clause in a contract or in the form of a separate agreement; "available arbitral process" includes a process of appeal to or review by an arbitral or other institution or person vested by the parties with powers in relation to that matter; "award" means a decision of the tribunal on the substance of the dispute and includes final, interim, partial award and award on costs or interest; "Centre" means the Sierra Leone International Arbitration Centre established under section 82; "claimant" includes a counter-claimant and related expressions shall be construed accordingly; "commercial" means matters arising from all relationships of a commercial nature including trade transactions for the supply or exchange of goods or services, distribution agreement, commercial representation or agency, factoring, leasing, construction of works, constructing, engineering licensing, investment, financing, banking, insurance, exploitation, agreement or concession, joint venture and other forms of industrial or business cooperation, carriage of goods or passengers by air, sea, rail, or road; "costs" includes - (a) fees of the arbitral tribunal stated separately as to each arbitrator and fixed by the tribunal itself; (b) reasonable travel and other expenses incurred by the arbitrators; (c) reasonable costs of expert advice and of other assistance required by the arbitral tribunal; (d) reasonable travel and other expenses of witnesses to the extent approved by the arbitral tribunal; (e) legal and other costs incurred by the parties in relation to the arbitration that the arbitral tribunal determines reasonable; "Court" means the High Court save that, for the purposes of appointment of an emergency arbitrator, "court" means the Chief Justice sitting as a Judge in Chamber; 2 3 Interpretation. No. 18 The Arbitration Act 2022No. 18 The Arbitration Act 2022 5 (ii) a place where a substantial part of the obligations of a commercial relationship is to be performed or the place with which the subject-matter of the dispute is most closely connected; or (iii) the parties have expressly agreed that the subject-matter of the arbitration agreement relates to more than one State; "legal proceedings" means proceedings in the High Court; "New York Convention" means the New York Convention on the Recognition and Enforcement of Arbitral Awards 1958; "party" means a party to an arbitration agreement or a person claiming through or under that party and "parties" shall be construed accordingly; "peremptory order" means an order prescribing time for compliance by a party, with an order or direction of the tribunal made under paragraphs (c), (d), (e) of subsection (3) of section 51 and subsections (1) and (3) of section 53, or made in exercise of a corresponding power conferred by the parties; "place of business" means, in the case of a party who - (a) has more than one place of business, that which has the closest relationship to the arbitration agreement; and (b) does not have a place of business, the party's habitual residence; (b) that the parties should be free to agree how their disputes are to be resolved, subject only to such safeguards, specified in this Act or as are necessary in the public interest; and (c) that the Court shall not intervene in a matter governed by this Act, except where so provided by this Act. PART II - ARBITRATION AGREEMENT

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