Enforceability of arbitral awards in Lesotho

Nthabeleng Mafisa studied law at the National University of Lesotho. She is an admitted advocate of the courts of Lesotho and has three years of experience working as a commercial litigator in various commercial disputes as well as domestic labour arbitration disputes.


The rise of commercial disputes in Lesotho led to the establishment of the Commercial Court in 2010. This court currently has two judges and with the increasing number of both domestic commercial disputes as well as disputes arising from foreign investments, this court is a bit overwhelmed. This has led to a backlog of cases and it is not easy for parties to get hearing dates respectively judgments in a timely manner. Arbitration could therefore be a solution to these parties and the Commercial Court likewise which is currently overburdened.

While arbitration is not very common in Lesotho, it is regulated by the Arbitration Act 1980 (hereinafter “Arbitration Act”). Lesotho has also acceded to the New York Convention of 1958 (hereinafter “New York Convention”). Both of these factors create room for arbitration of disputes in Lesotho. Members of the Lesotho Law Society have recently called for an amendment of the Arbitration Act to comply with modern arbitration standards. This may result in an increased use of arbitration as a dispute resolution method which is much needed for both foreign and national businesses operating in Lesotho.






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The law firm WAGNER Arbitration has its offices in Berlin and specializes in dispute resolution with a focus on arbitration. In addition, the firm offers comprehensive counseling services related to domestic and international business disputes and transactions.


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The answers provided in this questionnaire are as of April 2017. Please note that the relevant legal provisions may be subject to amendments.