Determining the validity of an international arbitration agreement: a Zambian conundrum?

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Periodical article

Title:	Determining the validity of an international arbitration agreement: a Zambian conundrum?
Author:	Salati, Chipili
Year:	2013
Periodical:	Zambia Law Journal (ISSN 1027-7862)
Volume:	44
Pages:	63-75
Language:	English
Geographic term:	Zambia
Subjects:	arbitration legislation
Abstract:	An arbitration agreement expresses the intention of the parties to a dispute to forgo court litigation in preference to resolution of the dispute through arbitration. This article focuses on arbitration law in Zambia. The author argues that the mainstay of an arbitration agreement is the intention of the parties and a result of that intention is that the determination of the validity of an arbitration agreement should focus on the intention of the parties. The author also argues that in this determination, a distinction has to be made between the formal and material validity to determine the exact standing of an arbitration agreement. Notes, ref. [ASC Leiden abstract]