Law library · Sierra Leone · The Arbitration Act, 2022
Section 82, The Arbitration Act, 2022
Status not yet checkedThe Arbitration Act, 2022, Sierra Leone
(1) There is established the Sierra Leone International Arbitration Centre, a body corporate, responsible to -
(a) promote, facilitate and encourage the conduct
of international commercial arbitration in
accordance with this Act;
(b) provide procedural and technical advice for
the administration of domestic and
international arbitrations as well as alternative
dispute resolution techniques;
(c) ensure that arbitration is reserved as the
dispute resolution process of choice;
(d) develop rules encompassing conciliation and
mediation processes;
of foreign
awards, etc.
Sierra Leone
International
Arbitration
Centre.
(4) An application to the Court may not be made unless
an available arbitral process for appeal or review of the amount of the
fees or expenses demanded has been exhausted.
(5) References in this section to arbitrators include an
arbitrator who has ceased to act.
(6) The leave of the Court is required for any appeal from
a decision of the Court under this section.
77. (1) The recoverable costs of the arbitration shall, unless
otherwise agreed by the parties, include, in respect of the arbitrators
only, such reasonable fees and expenses as are appropriate in the
circumstances.
(2) Each party shall be responsible for its own legal and
other expenses and for an equal share of the fees and expenses of the
arbitral tribunal and any other expenses relating to the arbitration in
the absence of an arbitral award or additional arbitral award fixing
and allocating the costs and expenses of the arbitration.
(3) Nothing in this section shall affect a right of the
arbitrator to payment of its fees and expenses.
(4) The fees and expenses of an expert, legal adviser or
assessor appointed by the arbitral tribunal for which the arbitrators
are liable are expenses of the arbitrators for the purposes of this Act.
78. (1) Unless otherwise agreed by the parties, an arbitral
tribunal may direct that the recoverable costs of the arbitration or of
a part of the arbitral proceedings shall be limited to a specified amount.
(2) A direction under subsection (1) may be made or varied
at any stage, but shall be done sufficiently in advance of the incurring
of costs to which it relates or the taking of steps in the arbitral
proceedings which may be affected by it, for the limit to be taken into
account.
PART XV - THIRD PARTY FUNDING
79. (1) Third-party funding of arbitration shall not apply to
torts of maintenance and champerty, including being a common
barrator.
(2) Subsection (1) applies to arbitrations seated in Sierra
Leone and to arbitration related proceedings in a Court within Sierra
Leone.
80. (1) Where a third-party funding agreement is made, the
party benefiting from it shall give written notice to the other party or
parties, the arbitral tribunal or the arbitral institution, of the name and
address of the third-party funder.
(2) A written notice to the other party or parties under
subsection (1), shall be made, for a funding agreement -
(a) before the commencement of an arbitration;
(b) at the commencement of an arbitration; or
(c) after the commencement of an arbitration,
without delay as soon as the funding
agreement is made.
(3) Where a notice is received under subsection (2), the
arbitrators shall conduct a conflict check, to ascertain any information
that may raise justifiable doubt as to their independence and
impartiality.
(4) Arbitrators have the authority to issue orders,
directing parties and their representatives to disclose whether they
are receiving support from a third-party funder and, if so, the identity
of the funder.
(5) Arbitrators' authority to issue disclosure orders under
this provision is limited to information that are strictly necessary for
58 59
Recoverable
fees and
expenses of
Power to
limit
recoverable
costs.
Abolition of
maintenance
champerty.
Disclosure of
third-party
funding
agreement.
No. 18 The Arbitration Act 2022No. 18 The Arbitration Act 2022 61
(e) organise international conferences, seminars
and training programs for arbitrators and
scholars;
(f) coordinate and facilitate, in collaboration with
other lead agencies and non-state actors, the
formulation of national policies, laws and
plans of action on alternative dispute
resolution and facilitate their implementation,
enforcement, continuous review, monitoring
and evaluation;
(g) maintain proactive co-operation with other
regional and international institutions in areas
relevant to achieving the Centre's objectives;
(h) in collaboration with other public and private
agencies, facilitate, conduct, promote and
coordinate research and dissemination of
findings on data on arbitration and serve as
repository of such data;
(i) establish a comprehensive library
specialising in arbitration and alternative
dispute resolution;
(j) provide ad hoc arbitration by facilitating the
parties with necessary technical and
administrative assistance at the behest of the
parties;
(k) provide advice and assistance for the
enforcement and translation of arbitral
awards;
(l) provide training and accreditation for
mediators and arbitrators;
(2) The General Fund shall be administered by the Board
and shall be used for meeting the capital and current expenditure
relating to -
(a) educating the public on arbitration as well as
on other alternative dispute resolution
mechanisms;
(b) provision of procedural and technical advice
to disputants;
(c) training for mediators and arbitrators;
(d) research, documentation and dissemination
of data on arbitration; and
(e) any other matter incidental to the functions
of the Centre.
(3) The General Fund shall not be liable to taxes, fees,
penalties, charges, levies or other like imposts payable to any
government or authority and contributions to the Fund shall be
recognised for tax purposes as expenditure towards the sustenance
of the donor's business.
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