Tanzania
Executive Agencies Act
Executive Agencies (Conciliation and Arbitration) Regulations, 1999
Government Notice 76 of 1999
- Published in Tanzania Government Gazette
- Commenced on 19 March 1999
- [This is the version of this document at 31 July 2002.]
- [Note: This legislation has been thoroughly revised and consolidated under the supervision of the Attorney General's Office, in compliance with the Laws Revision Act No. 7 of 1994, the Revised Laws and Annual Revision Act (Chapter 356 (R.L.)), and the Interpretation of Laws and General Clauses Act No. 30 of 1972. This version is up-to-date as at 31st July 2002.]
Part I – Preliminary provisions (regs. 1-5)
1. Citation
These Regulations may be cited as the Executive Agencies (Conciliation and Arbitration) Regulations.2. Interpretation
In these Regulations, unless the context otherwise requires—"Act" means the Executive Agencies Act1;"arbitral tribunal" means a sole arbitrator or a panel of arbitrators;"dispute" includes a difference;"party" means a party to conciliation or arbitration proceedings under these Regulations;"Service Level Agreement" means an agreement between an executive agency on the one part and a Ministry, department or other division, by whatever name called, of the Government on the other part, for the provision of goods or services; or such an agreement between one executive agency and another.3. Application
4. Mandatory implied term for conciliation and arbitration of disputes
Unless it is expressly stated in a Service Level Agreement, it shall be an implied term in every such agreement that any dispute arising from the agreement may be settled only through conciliation or arbitration under these Regulations and that the agreement constitutes a waiver by each of the parties of any rights or remedies to any other method of settling disputes.5. Duty of parties to settle disputes under Regulations
Part II – Conciliation (regs. 6-16)
6. Commencement of conciliation proceedings
7. Number of conciliators
8. Appointment of conciliators
9. Submission of statement to conciliator
10. Role of conciliator
11. Communication between conciliator and parties
The conciliator may meet or communicate with the parties together or separately and shall determine, after consultation with the parties, the place where the proceedings are to be held.12. Co-operation of parties
The parties shall, in good faith, co-operate with the conciliator and, in particular, shall endeavour to comply with requests by the conciliator to submit written evidence, to provide any other evidence and to attend meetings.13. Settlement agreement
14. Status and effect of settlement agreement
A settlement agreement shall be final and binding on each of the parties and shall have the same force and effect as an arbitral award under Regulations 30 on the substance of the dispute and may be enforced in the same manner.15. Termination of conciliation proceedings
Conciliation proceedings may be terminated in any of the following cases and on the respective dates of their occurrence—16. Mandatory consequence of failure of conciliation
Where, conciliation proceedings have been terminated under regulation 15(b), (c) or (d) conciliation proceedings have terminated, the conciliator shall issue a certificate to that effect and the dispute shall thereby become the subject of arbitration in accordance with Part III of these Regulations.Part III – Arbitration (regs. 17-31)
17. Commencement of arbitration
Arbitration proceedings shall commence—18. Number and appointment of arbitrators
19. Non disqualification of conciliation as arbitrator
20. Role of arbitrator and co-operation of parties
The provisions of Regulations 9, except paragraph (3), and Regulation 11 shall apply to arbitration proceedings.21. Proper law
An Agreement out of which the dispute or the arbitration arises shall be governed by the law of Tanzania.22. Procedural law
The arbitration proceedings shall be governed by the law of evidence and procedure generally applicable to civil proceedings in Tanzania except where the parties, in any particular part of the proceedings, agree to apply any other rules of evidence or procedure.23. Statement of claims and defence
24. Hearing and written submission
25. Default of a party
Where without showing sufficient cause—26. Experts
27. Decisions by panel of arbitrators
28. Settlement
29. Form and contents of arbitral award
30. Status and effect of arbitral award
An arbitral award shall be final and binding on the parties and the persons claiming under them respectively and is enforceable in the manner provided for in Part IV of these regulations.31. Termination of arbitral proceedings
Part IV – Enforcement of settlement agreements and arbitral awards (reg. 32)
32. Enforcement of agreements
Part V – General provisions (regs. 33-41)
33. Representation of parties
34. Interim measures
A party may, at any time during any proceedings under these regulations, request the conciliator or the arbitral tribunal to grant an interim measure for the protection of its interests and the conciliator or the arbitral tribunal may grant the request.35. Service and receipt of written communications
A written communication to be served by the conciliator, the arbitral tribunal, a party or any other person shall be deemed to have been duly served and received by the person to whom it is addressed if it is delivered to the addressed personally or at the usual place of business or postal address.36. Termination of mandate
The mandate of a conciliator or an arbitrator shall terminate if—37. Substitution of conciliator or arbitrator
38. Costs and fees of conciliators and arbitrators
39. Correction of errors and interpretation of arbitral awards
40. Protection of conciliators, arbitrators and other participants
No conciliator, arbitrator, witness or any other person assisting in proceedings under these Regulations shall be liable in civil or criminal proceedings for any act or omission in connection with those proceedings but he may be liable for the consequences of his conscious and deliberate wrong doing.41. Forms
The forms set out in the Schedule to these Regulations or similar forms, with such variations or modifications as the circumstances of each case require, may be used for the respective purposes to which they relate.History of this document
31 July 2002 this version
Consolidation
19 March 1999
Commenced