The Attorney General (AG) Frank Mbeta has reaffirmed government’s continued commitment to support the advancement of Alternative Dispute Resolution (ADR), particularly arbitration, as an integral component of the country’s justice system and an essential instrument for economic development.
Mbeta was speaking on Tuesday during the opening of a virtual professional training in arbitration organised by the Malawi International Arbitration Centre (MAIC) in partnership with the Africa Arbitration Academy.
He said this will address the long-standing problem that businesses in the country and the region have faced significant challenges when using the court systems to settle disputes, including delays, high costs, and concerns about impartiality.
“The absence of world-recognized arbitral institutions has not only increased the cost of doing business in the event of a dispute but has also led to capital flight from the African continent generally and the SADC region in particular. Research estimates that almost US$1 billion worth of disputes are exported from the SADC region alone annually.
“These challenges have discouraged both local and international investment and limited the growth of the African economies, Malawi. We can see that institutionalisation of arbitration and other ADR methods of resolving disputes is not an abstract legal doctrine; it is a practical tool for reducing the cost of doing business, promoting certainty in commercial relations, easing pressure on the courts, and growing our economy for the good of all.
“More importantly, it ensures that parties to commercial and professional relationships have access to timely and competent resolution of disputes, consistent with the constitutional imperatives of justice and fairness. The government’s support for ADR is therefore not episodic, but grounded in the recognition that strong institutions and predictable processes are central to Malawi’s long-term development,” he said
Mbeta noted that as the country continues to consolidate these reforms, it is essential to recognize that the sustainability and credibility of MAIC will depend on the breadth and depth of professional capacity available in Malawi.
He called upon several stakeholders to join hands for the successful implementation.
“The presence of a broad skills base is not merely desirable; it is essential if Malawi is to fully benefit from the establishment of MAIC, and position itself as a credible seat of arbitration in the region. A modern arbitration centre requires a modern professional ecosystem, and this training marks an important step in building that ecosystem,” he said
