Legal and practical challenges on enforcement of commercial arbitral awards in mainland Tanzania
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Date
2019
Authors
Journal Title
Journal ISSN
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Publisher
University of Dar es Salaam
Abstract
This Thesis is an analytical study of the legal and practical challenges on enforcement of commercial arbitral awards in Mainland Tanzania. In this work, the researcher has employed documentary review, analysis of field research data collected through unstructured interviews conducted with selected respondents engaged in the field of arbitration practice in Tanzania. The Thesis starts with examining legal and practical challenges facing the enforcement of both domestic and foreign commercial arbitral awards in Mainland Tanzania as the main objective. In the light of the stated objective, the main hypothesis is that the enforcement rules currently in place in Mainland Tanzania do not reflect the current universally accepted commercial arbitration standards governing the enforcement of domestic and foreign commercial arbitral awards. The study has found out that the current arbitration laws are unsuitable to effectively regulate enforcement of commercial arbitral awards in Mainland Tanzania. Also, the study has established that there are very limited grounds for setting aside domestic arbitral awards. It has again established that Tanzanian arbitration laws do not reflect the basic international commercial arbitration standards on enforceability of the commercial arbitral awards in Mainland Tanzania. It is, therefore, recommended that the existing arbitration laws in the country need to be reformed. Again, the implementation of the newly enacted Natural Wealth and Resources (Permanent Sovereignty) Act, 2017, should be reconciled with the obligations created by some of the bilateral investment treaties to which Tanzania is a party.
Description
Available in print form, East Africana Collection, Dr. Wilbert Chagula Library, Class mark (THS EAF KRD.T34M3782)
Keywords
Enforcement, Awards
Citation
Marwa, R (2019) Legal and practical challenges on enforcement of commercial arbitral awards in mainland Tanzania, Doctoral dissertation, University of Dar es Salaam. Dar es Salaam.