Tanzania
Tanzania Communications Act
Dispute Resolution Regulations, 2001
Government Notice 316 of 2001
- Published in Tanzania Government Gazette
- Commenced on 1 January 2002
- [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.]
1. Citation
These Regulations may be cited as the Dispute Resolution Regulations.2. Definition
In these Regulations, unless the context otherwise requires:"Act" means the Tanzania Communications Act1;"arbitrator" means a person appointed by the Commission under regulation 6 to resolve a dispute between two contesting parties;"award" means the decision of the arbitrator on the dispute and includes inter alia, an interim, partial or final award;"claim" means a right arising out of an agreement for provision of communications services or demand (whose monetary value is not less than the equivalent in Tanzanian shillings of 1,500 USD);"claimant" means the person who makes a claim against a postal or telecommunication operator;"Commission" means the Tanzania Communications Commission established under section 3 of the Act;"conciliation" means the intervention of an independent third party into a dispute in order to bring the disputing parties together for settlement;"respondent" means a person against whom a claim is made;"statement of arbitration" means the statement of claim or the statement of defence and other or further documents in the nature of pleadings or submissions.3. Conciliation
Prior to arbitration, parties shall try to resolve their dispute amicably through conciliation.4. Request for notification of arbitration
5. Investigations
6. Appointment of an arbitrator
7. Communications with Arbitrator
8. Submission of statements
9. Meeting and hearing
10. Evidence
11. Amendment to the claim or defence
During the course of the arbitral proceedings either party may amend or supplement his claim or defence unless the Arbitrator considers it inappropriate to allow such amendment having regard to the delay in making it or prejudice to the other party or any other circumstances:Provided that, a claim shall not be amended in such a manner that the amended claim falls outside the scope of the arbitration clause or separate arbitration agreement.12. Default
13. Award to be in writing
14. Award costs of the Arbitrator
15. Payment and collection of award
16. Abandonment, suspension or conclusion before final award
If the arbitration is abandoned, suspended or concluded, by agreement or otherwise, before the final award is made, the parties shall pay to the Arbitrator costs incurred up to that time, in such proportions as between them as they shall agree, or on failing to agree, as the Arbitrator shall determine.17. Exclusion of liability
Complaint form
[Editorial note: The form has not been reproduced.]History of this document
31 July 2002 this version
Consolidation
01 January 2002
Commenced