Practice Areas

Arbitration is becoming the preferred method of commercial dispute resolution in Malawi catching on global trends in dispute resolution worldwide.

Globally, commercial dispute resolution most commonly takes place through the method of arbitration. In March 2021, Malawi signed the New York Convention further cementing the primacy of arbitration and recognition of foreign arbitration awards for commercial transactions to ease the cost of doing business in Malawi, stimulating the development of Malawi as a significant player in regional arbitration. Aside from practicing and representing clients in Arbitration for dispute resolution, the Managing Partner has lectured part time with the Catholic University and Chancellor College teaching Private International Law which places Arbitration at the centre of commercial dispute resolution.

Our Managing Partner has experience in complex transaction types and financial instruments that have been used by a listed company and facilitated ground-breaking transactions in both primary and secondary markets. Further, the firm has extensive experience in syndicated and bilateral finance, project and limited recourse finance, leveraged and acquisition finance, structured finance, commodity and trade finance, debt capital markets transactions and securitizations. The firm has also worked with individual clients in negotiating loan rescheduling transactions and resolving default interest complaints.

Macdonald & Don Associates has particular expertise in electronic communication regulatory matters relating to the licensing and regulation of broadcasting, telecommunications, and other forms of electronic communications. The scope of work includes drafting legislative amendments, regulations, licence applications, contracts, opinions and pleadings, reviewing applications for licences and licence amendments. 

Key telecommunications and media projects that we have been involved in include working with a team of advisors to operationalize the Universal Access Service Fund which task includes drafting the service scope, drafting the USF manual, conducting a service gap analysis and providing the authority with draft documents for procurement for USF projects as well as supplier contracts

Malawi’s Competition and Fair Trading Act affects every business operating in the jurisdiction, and the serious consequences of contravention necessitate a sound understanding of its basic principles and more importantly, access to the best possible legal advice. Our clients include fuel resellers, small businesses and corporate clients in advertising and marketing. We also regularly advise on prohibited practices such as cartel conduct, bid rigging and abuses of dominance.

MacDonald & Don Associates has a wealth of experience in various corporate and commercial transactions; including mergers and acquisitions, listing obligations and compliance, conducting due diligence investigations and providing legal and regulatory advice on various areas of the law.  Further, we are involved in the incorporation and start-up of various businesses, and all the processes required by law to establish a corporation and operationalize it with policies and standard procedures.

Further, we are retained lawyers for a Non-Governmental organization as well as faith based organization where we advise the Board of Trustees and Management team on corporate matters such as employment, contract review and representing the clients in labour related disputes.

Legal services in relation to debt collection through amicable discussions, arbitration and or litigation, debt privatization, and commercialization. Our firm embraces various aspects of commercial litigation including but not limited to commercial contracts and debt collection, arbitration and dispute resolution and insurance claims handling. It is a deliberate policy of the Firm that all debt collection matters are handled with utmost urgency and in this regard notices of demand are issued with speed and immediately followed by court process where necessary.

Employees are highly aware of their rights in these modern times and the firm avails itself to both Employees and Employers in all matters related to workplace rights and obligations. These services include drafting Employment Contracts, Drafting Terms and Conditions of Employment with balanced rights for both employees and employer. The Firm also provides representation in Industrial relation matters taken before courts of jurisdiction in Malawi and has expertise in conducting labor law training for personnel and management to equip companies with the know-how to formulate effective workplace policies for successful business interaction aimed at averting workplace conflicts.

We provide efficient and effective legal counsel to ensure that personal injury claims are processed and resolved within the minimum time possible to achieve fair and just compensation for the Claimant and the Insurer.  We have vast experience in matrimonial dispute resolution including but not limited to divorce proceedings, adoption matters and child maintenance applications.

Advising clients on Malawi land law, commercial lettings, conveyancing or registered land, customary land and/or other type of land holding, property acquisition and investment, development finance, secured lending, mortgages rent receivables as security and other commercial property related transactions. We also represent clients in intellectual property infringement claims, registration of copyrights or patents and all ancillary matters.

We represent in criminal litigation, defending accused persons in any court in Malawi where they have been charged of a criminal offense. The Managing Partner is a bona fide member of the Women’s Law Association and she has and continues to handle matters involving women and children rights on a paid and or probono basis as the need arises.

Ongoing tax changes and the aggressive stance of the Malawi Revenue Authority have elevated tax law to a highly specialized area of practice. Our firm is able to respond swiftly and efficiently to represent clients in Tax disputes and international tax matters. With many years’ experience in-house tax advisory in the commercial sector, we will provide integrated advice and assistance on a wide range of local or international tax issues.