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;
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Interpretation.
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(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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