26/04/2024
Law Association of Zambia Workshop on Commercial Litigation, Arbitration and Medical Expert Evidence - Key Learnings
Attended by Chilavi Isaiah Chishala III
Speakers:
Mr. Lungisani Zulu (Opening Remarks)
Mr. James Banda (First Presentation)
Dr. Luchenga Adam Mucheleng'anga (Second Presentation)
Mr. Sydney Chisenga (Third Presentation)
Key Takeaways:
โช The workshop, led by Mr. Lungisani Zulu, emphasized collaboration among stakeholders to create new opportunities and attract more clients.
โช Arbitration was presented as a solution to decongest the overwhelmed court system, as discussed by Mr. James Banda
โช Mr. Banda also stressed the importance of reviewing contracts effectively and understanding dispute resolution clauses, including arbitration.
โช Alternative Dispute Resolution (ADR) should be explored before resorting to litigation.
โช The workshop highlighted the Lusaka International Centre (LIAC) as a resource for arbitration and encouraged participation, with Mr. Banda suggesting accreditation with the Chartered Institute of Arbitrators - Zambia Branch for further expertise.
โช A lacuna exists in terms of expert evidence in arbitration, leading to inaccurate damage assessments, as pointed out by Mr. Banda.
โช Dr. Luchenga Adam Mucheleng'anga emphasized the importance of proper pre-trial preparation for expert witnesses, including comprehensive training and awareness, to leverage their expertise and deliver strong and ethical testimonies in court.
โช Lawyers should manage client expectations and ensure witness mastery of facts through effective pre-trial preparation, even just two weeks before trial, as advised by Mr. Sydney Chisenga. Mr. Chisenga also stressed the importance of effective research and clear, concise submissions for courtroom success.
Additional Notes:
โช The discussion highlighted a shift in the Zambian legal landscape towards courtroom advocacy.
โช The importance of incorporating ADR training into young lawyers' curriculum was emphasized by all speakers.
