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Reforming the Companies Act dispute resolution framework: a case for the establishment of a companies tribunal for Zambia
Companies play a very important role in the economy of any country. A country's economic growth and development depend largely on whether or not its regulatory environment is conducive for enterprises to thrive. In recognition of the important role companies and businesses generally play in an econo...
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| Format: | Thesis |
| Language: | English |
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Department of Commercial Law
2015
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| _version_ | 1867613952381288448 |
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| access_status_str | Open Access |
| author | Chola, Mwewa |
| author2 | Yeats, Jacqueline |
| author_browse | Chola, Mwewa Yeats, Jacqueline |
| author_facet | Yeats, Jacqueline Chola, Mwewa |
| author_sort | Chola, Mwewa |
| collection | Thesis |
| description | Companies play a very important role in the economy of any country. A country's economic growth and development depend largely on whether or not its regulatory environment is conducive for enterprises to thrive. In recognition of the important role companies and businesses generally play in an economy, several developing countries have, in recent years, been carrying out reforms intended to enhance the ease of doing business in their respective countries. Zambia has been no exception. Some of the issues that are widely accepted as having an influence on the ease of doing business include the cost and length of dispute resolution for businesses. Therefore, it is unsurprising that some reforms aimed at, among other things, expediting and lowering the cost of commercial dispute resolution have taken place in Zambia. For example, the commercial list of the High Court was established in 1999with a view to expediting the resolution of commercial disputes. However, the cost of commercial dispute resolution remains of concern. The dissertation explores the Zambian Companies Act dispute resolution framework in a bid to consider its standing vis-Ã -vis enhancing Zambia's competitiveness in so far as the ease of doing business is concerned. It posits that the Companies Act resolution framework does not help Zambia's quest to enhance the ease of doing business on the dispute resolution front because it is predominantly anchored on recourse to court. A comparative study of current trends in company law dispute resolution is undertaken, which reveals a shift from reliance on the courts as the predominant dispute resolution forum to tribunal based dispute resolution. The dissertation ultimately recommends the establishment of a Companies Tribunal for Zambia as a measure that would contribute to lowering the cost of commercial dispute resolution - at least in the context of the Companies Act - and enhancing the ease of doing business in Zambia. |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/15183 |
| institution | University of Cape Town (South Africa) |
| language | eng |
| last_indexed | 2026-06-10T12:44:19.348Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2015 |
| publishDateRange | 2015 |
| publishDateSort | 2015 |
| publisher | Department of Commercial Law |
| publisherStr | Department of Commercial Law |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/15183 Reforming the Companies Act dispute resolution framework: a case for the establishment of a companies tribunal for Zambia Chola, Mwewa Yeats, Jacqueline Commercial Law Companies play a very important role in the economy of any country. A country's economic growth and development depend largely on whether or not its regulatory environment is conducive for enterprises to thrive. In recognition of the important role companies and businesses generally play in an economy, several developing countries have, in recent years, been carrying out reforms intended to enhance the ease of doing business in their respective countries. Zambia has been no exception. Some of the issues that are widely accepted as having an influence on the ease of doing business include the cost and length of dispute resolution for businesses. Therefore, it is unsurprising that some reforms aimed at, among other things, expediting and lowering the cost of commercial dispute resolution have taken place in Zambia. For example, the commercial list of the High Court was established in 1999with a view to expediting the resolution of commercial disputes. However, the cost of commercial dispute resolution remains of concern. The dissertation explores the Zambian Companies Act dispute resolution framework in a bid to consider its standing vis-Ã -vis enhancing Zambia's competitiveness in so far as the ease of doing business is concerned. It posits that the Companies Act resolution framework does not help Zambia's quest to enhance the ease of doing business on the dispute resolution front because it is predominantly anchored on recourse to court. A comparative study of current trends in company law dispute resolution is undertaken, which reveals a shift from reliance on the courts as the predominant dispute resolution forum to tribunal based dispute resolution. The dissertation ultimately recommends the establishment of a Companies Tribunal for Zambia as a measure that would contribute to lowering the cost of commercial dispute resolution - at least in the context of the Companies Act - and enhancing the ease of doing business in Zambia. 2015-11-21T09:37:53Z 2015-11-21T09:37:53Z 2015 Master Thesis Masters LLM http://hdl.handle.net/11427/15183 eng application/pdf Department of Commercial Law Faculty of Law University of Cape Town |
| spellingShingle | Commercial Law Chola, Mwewa Reforming the Companies Act dispute resolution framework: a case for the establishment of a companies tribunal for Zambia |
| thesis_degree_str | Master's |
| title | Reforming the Companies Act dispute resolution framework: a case for the establishment of a companies tribunal for Zambia |
| title_full | Reforming the Companies Act dispute resolution framework: a case for the establishment of a companies tribunal for Zambia |
| title_fullStr | Reforming the Companies Act dispute resolution framework: a case for the establishment of a companies tribunal for Zambia |
| title_full_unstemmed | Reforming the Companies Act dispute resolution framework: a case for the establishment of a companies tribunal for Zambia |
| title_short | Reforming the Companies Act dispute resolution framework: a case for the establishment of a companies tribunal for Zambia |
| title_sort | reforming the companies act dispute resolution framework a case for the establishment of a companies tribunal for zambia |
| topic | Commercial Law |
| url | http://hdl.handle.net/11427/15183 |
| work_keys_str_mv | AT cholamwewa reformingthecompaniesactdisputeresolutionframeworkacasefortheestablishmentofacompaniestribunalforzambia |