Law library · Sierra Leone · The National Investment Board Act, 2022
Section 37, The National Investment Board Act, 2022
Status not yet checkedThe National Investment Board Act, 2022, Sierra Leone
(1) Where a dispute arises between an investor and the Board in respect of the investor's registered business enterprise , all
efforts shall be made to settle the dispute through negotiations for
an amicable settlement .
(2) Where the parties are unable to reach an amicable
settlement through negotiation, they shall proceed to the courts in
Sierra Leone for adjudication
(3) A party to a dispute shall not take the dispute out of
the Sierra Leone jurisdiction unless it has been adjudicated by a
competent court within the jurisdiction
(4) A dispute not settled through the processes outlined
under subsections (1) and (2) may be submitted to arbitration in
accordance with the following methods as may be mutually agreed
by both parties-
(a) procedures for arbitration provided under the
law relating to arbitration ;
(b) rules of procedure for arbitration of the
International Centre for the Settlement of
Investment Disputes;
(c) within the framework of any bilateral or
multilateral agreement or investment
protection to which the Government and the
country the investor is from are parties to the
agreement
(5) The investment approval granted to the investor may
specify the mode of arbitration to be resorted to in the case of a
dispute relating to the business enterprise and the specification shall
constitute the consent of the Board or respective agents and the
Investor to submit to the mode and forum of arbitration
(6) Where the parties to a dispute do not agree on the
mode or forum of arbitration, the aggrieved party -
(a) whose property is compulsorily acquired ,
(b) who is not satisfied with the amount of
compensation payable or
(c) who is not satisfied with any other matter
relating to the business interest
may apply to the High Court for the determination of any of the
following -
(i) his interest or right;
(ii) the legality of the compulsory acquisition
(iii) the amount of compensation he is entitled to
and the prompt payment of that
compensation
(iv) any other matter in dispute relating to the
business enterprise.
PART VI-FINANCIAL PROVISIONS
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