Browsing by Author "KANSWATA, Chiyeni"

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    An Analysis of Zambia’s Arbitration Act No. 19 of 2000 as it applies to Small and Medium Enterprises (SMEs) in Comparison to other Jurisdictions such as South Africa and Botswana
    (2026) KANSWATA, Chiyeni
    Small and Medium Enterprises (SMEs) constitute over 90% of Zambia’s businesses and play a central role in economic development, employment, and innovation. Despite this significance, SMEs continue to face barriers in accessing efficient dispute resolution due to the high costs, procedural delays, and technical complexity of litigation. The Arbitration Act No. 19 of 2000 was enacted to provide a modern, cost-effective alternative aligned with the UNCITRAL Model Law on International Commercial Arbitration. However, more than two decades since its enactment, questions remain about its accessibility and practical efficacy for SMEs. This study critically analyses the effectiveness of Zambia’s Arbitration Act No. 19 of 2000 in addressing the dispute resolution needs of SMEs. It employs a qualitative doctrinal and comparative research design, examining statutory provisions, case law, and scholarly commentary, while drawing lessons from South Africa’s Arbitration Act 42 of 1965 and Botswana’s Arbitration Act (Cap 06:01). The research identifies major challenges faced by SMEs under Zambia’s current arbitration framework, including high arbitral costs, limited legal awareness, procedural rigidity, urban concentration of arbitral institutions, and enforcement difficulties. Comparative insights reveal that while South Africa benefits from strong judicial support and institutional credibility, its domestic arbitration law remains outdated and inaccessible to smaller enterprises. Botswana, on the other hand, demonstrates how institutional reform and simplified procedures can enhance accessibility, although regional and cost-related disparities persist. Drawing from these experiences, the study recommends targeted reforms to Zambia’s arbitration framework such as simplified SME-specific procedures, capped arbitration fees, decentralized arbitral services, and nationwide awareness program to make arbitration genuinely affordable and inclusive. Ultimately, this research contributes to the discourse on access to justice and economic development by proposing a reform-oriented model that strengthens Zambia’s arbitration system and supports SME participation in commercial dispute resolution.