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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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