Third Schedule, The Arbitration Act, 2022

ARBITRATION PROCEEDINGS RULES Rule 1 - Scope of Application 1. These rules shall apply to all arbitration related applications filed before the Sierra Leone Court on or after the date of commencement of the Arbitration Act. 2. The rules of procedure in civil matters for the time in force in the High Courts, Courts of Appeal and the Supreme Court shall apply to arbitration application and arbitration appeals only in respect of such matters and to such extent as provision has not been expressly made in these rules. Rule 2 - Interpretation Applications to which these Rules apply are - (a) to revoke an arbitration agreement; (b) to stay proceedings; (c) to determine the challenge of an arbitrator; (d) to appoint, remove or substitute an emergency arbitrator; (e) to grant interim measures of protection; (f) to recognize or enforce an interim measure of protection; (g) to refuse recognition or enforcement of an interim measure of protection; (h) to subpoena a witness to attend proceedings; (i) in respect of the fees of an arbitrator; (j) to set aside an award; (k) to recognise and enforce an award; and (l) to refuse recognition and enforcement of an award. Rule 3 - Commencing an application (1) Except where sub-rules 2 and 3 of this Rule applies, an arbitration application shall be started by the issue of an Originating Motion. (2) An application to stay legal proceedings shall be made by notice of motion to the court seised of those proceedings. (3) An application for the appointment, challenge or replacement of an emergency arbitrator; or to fix the seat of the emergency relief proceedings, shall be contained in a written communication addressed to the appropriate Court. Rule 4 - Hearings The Court may order that an arbitration application or claim related to arbitration be heard either in public or in private. Rule 5 - Enforcement of arbitration awards and interim measures of protection (1) An application to enforce an award or an interim measure of protection in the same manner as a judgement or order shall be made by Originating Notice of Motion. (2) The supporting affidavit shall - (a) exhibit the arbitration agreement and the original award or decision containing the interim measure of protection, or in either case certified copies of each; (b) state the name and the usual or last known place of abode or business of the applicant and the person against whom it is sought to enforce the award or interim measure of protection; 110 111 (f) An appeal from a decision of the Court of Appeal to the Supreme Court in an Arbitration related matter shall be heard and determined within 90 days from the date of the judgement of the Court of Appeal. Rule 7 - Costs The rules of the High Court, Court of Appeal and the Supreme Court for the time being in force shall apply in relation to costs in all arbitration applications and arbitrating appeals, so however that the term "costs" shall include - (a) all expenses actually incurred by the successful party, including his travel expenses and the travel and other expenses of his witnesses; (b) the costs for legal representation of the successful party, to the extent that the court or a taxing officer considers that such costs are reasonable. Rule 8 - Establishment of Specialist Arbitration List and Judicial Training The Court will assign arbitration-related cases to a specialist list and will designate particular judges to deal with cases on the list. The Court will work with designated arbitration and ADR institutions to establish and implement a training curriculum for judges assigned to deal with the specialist lists. In this Rules, the phrase "arbitration-related" cases refer to the proceedings for or in relation to the following remedies, as may be provided for by law, i.e. proceedings- (a) to remove an arbitrator or umpire; (b) to grant interim measures of protection; (c) to recognize or enforce an interim measure of protection; (d) to refuse recognition or enforcement of an interim measure of protection;