The efficacy of commercial arbitration, law and practice Lesotho
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Date
2023-05
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National University of Lesotho
Abstract
The success of commercial arbitration law and practice is achieved as a result of
several factors. The purpose of the study was to investigate whether efficacy of
commercial arbitration, law and practice in Lesotho is hindered by the legal
framework which does not conform to the United Nations Commission Trade Law
on International Commercial Arbitration, UNCITRAL Model Law. Examining
such other factors as support of the courts and government, the study specifically
investigated the impact of lack of education about commercial arbitration for the
business community and unregulated arbitrators on the efficacy of the commercial
arbitration, law and practice in Lesotho.
With the use of the desk reviews and interviews as data collection methods for this
study, the evidence obtained has revealed that efficacy of the commercial
arbitration, law and practice in Lesotho is hampered by the law which is outdated
and inconsistent with the UNCITRAL Model law. As such, support for the
mechanism by the courts has been found to be at stake or adversely affected. Lack
of support from the government and that of awareness campaigns about the
mechanism for the business community have also been noted for constraining the
efficacy of the commercial arbitration, law and practice in the country. Further
noticeable from the findings include limited commitment from the legal profession
and unregulated arbitrators, both of which could have significantly obstructed the
mechanism. The study thus concludes that there is an urgent need for law reforms
and concerted commitment from the relevant stakeholders to help towards
achieving efficacy of the commercial arbitration, law and practice in Lesotho
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Keywords
Arbitration, commercial, law, practice, Lesotho