University of Dar es Salaam School of Law

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Browsing University of Dar es Salaam School of Law by Subject "Adequa"

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    Efficacy and adequacy of arbitration law in Tanzania mainland
    (University of Dar es Salaam, 2004) Mbwambo, Rosan
    As a developing subject of jurisprudence, arbitration has acquired great importance in the recent past. A large number of disputes, more so where a substantial amount of money is involved, are being settled through arbitration. Arbitration as an extra-judicial organ has advantages of cheapness, speed and non-technical application of legal procedures. Much as arbitration is a parallel to ordinary judicial machinery, yet, the supervisory and enforcement powers of arbitration proceedings and awards respectively, remain with the Court. The rapid growth of trade and commerce, coupled with liberalization policy of the Government of Tanzania has attracted national and multi-national business units. These changes dictate that the law of arbitration has to change too. There must also be well-defined and developed arbitral institutions that will administer and govern the conduct of arbitration. This dissertation examines the arbitration law and institutions in Tanzania. It specifically discusses the strengths or weaknesses of the Arbitration Ordinance Cap 15 of the revised laws of Tanzania and Arbitration Rules, Government Notice No.427 of 1957 [the Ordinance and the Rules, respectively] as well as arbitration institutions. The work has been divided into the following six chapters. Although each chapter is mutually exclusive, nonetheless one will have to supplement the other. Chapter one is the research proposal. Chapter two deals with historical and theoretical background of arbitration law generally as well as that of England, India and Kenya. Genesis of the Ordinance and the Rules, and its salient features and also discussed in this chapter. Principles of arbitration what is provided in the Ordinance and the Rules are dealt with in chapter three. Chapter four examines arbitration institutions while data collected from the field are presented, collated and analysed in chapter five. The last chapter looks at findings, recommendations and conclusions.