Unveiling the contemporary arbitration regime in Tanzania: Anecdotes worth sharing, prospects and challenges
Authors: Hassan Kimela & Julius Cosmas
Affiliations: Tutorial Assistant, LLM Candidate, Faculty of Law, Mzumbe University; Senior Lecturer in Law, Mzumbe University
Source: Journal of Corporate and Commercial Law & Practice, Volume 7 Issue 2, 2021, p. 101 – 121
This article critically discusses the new changes brought about by Tanzania’s new Arbitration Act of 2020 of Tanzania and its regulations and their implications for domestic and international arbitration and other related laws. The article finds that the establishment of the Tanzania Arbitration Centre; the requirement for accreditation of arbitrators; the introduction of a code of conduct for arbitrators; the ability of international arbitral tribunals to arbitrate investor–state disputes; the introduction of qualified immunity; and clarification of other grey areas are a long-awaiting milestone. The article also argues that the changes will have enormous and far-reaching implications on the arbitration framework in Tanzania, including propelling crossborder commerce and investments. It is further argued that despite its prospect, some areas in the novel arbitration regime need to be revisited to create a more credible framework for both international and domestic arbitration.