Tanzania
Arbitration Act, 2020
Arbitration (Rules of Procedure) Regulations, 2021
Government Notice 146 of 2021
- Published in Government Gazette on 29 January 2021
- Commenced on 29 January 2021
- [This is the version of this document from 29 January 2021.]
Part I – Preliminary provisions
1. Citation
These Regulations may be cited as the Arbitration (Rules of Procedure) Regulations, 2021.2. Interpretation
In these Regulations unless the context requires otherwise—“Act” means the Arbitration Act, 2020;[Cap. 15]“Arbitration Institution” means an Institution accredited to settle arbitration disputes through arbitration;“arbitral tribunal” means a sole arbitrator or a panel of arbitrators;"award" includes an interim, partial or final award rendered by the arbitral tribunal or the sole arbitrator;“Board” means the governing body of the Centre established under section 77(4) of the Act;“Centre” means the Tanzania Arbitration Centre established under section 77 of the Act;“Chairman” means the Chairman of the Board of the Centre appointed in terms of the Tanzania Arbitration Centre (Management Operations) Regulations, 2021;“claimant” means the party initiating an arbitration;“document” includes written, printed or electronically created document or electronically transmitted messages;“request for arbitration” means the request to the Tanzania Arbitration Centre of the Claimant for arbitration;“Secretary-General” means the Secretary-General appointed as such in terms of the Tanzania Arbitration Centre (Management Operations) Regulations, 2021;“Secretariat” means the Secretariat of the Centre under the management of the Secretary-General;“sole arbitrator” means the arbitrator appointed in accordance with these Regulations;“parties” mean the claimant and the respondent to an arbitration proceeding and includes any duly appointed representative of the parties.Part II – General conditions, notices and submissions
3. General conditions
4. Submissions, notices, written notices and deadlines
Part III – Commencement of arbitration
5. Commencement of arbitration process
6. Registration of request for arbitration
7. Reply to request
8. Extension of time
9. Counterclaim
10. Joinder of additional parties
11. Multiple contracts
Subject to the provisions of regulation 10, claims arising out of or in connection with more than one contract may be made in a single arbitration, irrespective of whether such claims are made under one or more than one arbitration agreement under these Regulations.12. Consolidation of arbitrations
The Chairman may, at the request of a party, consolidate two or more arbitrations under these Regulations into a single arbitration, where—Part IV – Composition and establishment of arbitral tribunal
13. Persons empowered to be arbitrators
14. Qualifications of arbitrators
An arbitrator to be appointed for the purposes of the Act, shall possess the following requirements—15. Statement of Independence
An Arbitrator who appointed to determine the dispute under these Regulations shall sign a Statement of Independence in Form No.1 in the prescribed Fourth Schedule to these Regulations.16. Governing laws
Where the dispute is governed by laws of Tanzania, at least one arbitrator, preferably but not necessarily the Chairman, and according to the arbitration agreement, be a lawyer who resides in and is acquainted with the laws of Tanzania.17. Composition of arbitral tribunal
18. Communication as to appointment of arbitrator
No party or person acting on the person’s behalf shall have any exparte communication with any candidate for appointment as arbitrator except to discuss the candidate’s qualifications, availability or independence in relation to the parties.19. Availability, acceptance and notification
20. Failure to appoint arbitrator
21. Multiple parties
22. Power of Chairman to appoint arbitrator
23. Acceptance of appointment as arbitrator(s)
24. Challenge and disqualification of an arbitrator
25. Replacement of arbitrator
26. Death or disability
In the event of the occurrence of death or disability of an arbitrator during the course of the arbitral proceedings, a substitute arbitrator shall be appointed pursuant to the procedure set out in these Regulations.27. Discharge from appointment
28. Pleas as to jurisdiction of arbitral tribunal
Part V – Conduct of the arbitration
29. Constitution and general powers of arbitral tribunal
30. Place of arbitration
31. Language of arbitration
32. Preparatory or first conference
33. Statement of claim
34. Statement of defense
35. Counter-claim
36. Jurisdiction
37. Interim award
38. Emergency relief proceedings
39. Evidence and hearings
40. Revocation of arbitration
Part VI – Awards and other decisions
41. Laws applicable to substance
42. Currency and interest
43. Final award
44. Other awards
Notwithstanding regulation 53, the arbitral tribunal shall, other than making a final award, be entitled to make interim, interlocutory, or partial awards.45. Majority
46. Procedural rulings
For matters of procedure, where there is no majority or where the arbitral tribunal so authorizes, the Chairman of the arbitral tribunal may decide on his own, subject to revision, if any, by the arbitral tribunal.47. Form of awards
48. Signing of award
49. Transmission of award
The award that has been signed by the arbitrators shall, within a period of fourteen days from the date of signing, be given to each party, together with two copies to the Centre, and one of the copies shall be registered by Centre with the Court concerned.50. Implementation of award
51. Notification and registration of award
52. Correction of errors
53. Payment of expenses
54. Allocation of arbitration costs
The arbitral tribunal shall have authority to determine which party or parties shall be responsible for payment or reimbursement to the other party, for the whole or any part of the costs, which allocation shall be made a part of the award.55. Costs of arbitration
56. Legal service fees
Except in extraordinary circumstances, the costs of legal representation of each party shall be borne by the party contracting such legal representation and will not be assessed against the other party.57. Exclusion from liability
58. Exemption to act as witness
59. Waiver of defamation
The parties and, by acceptance of appointment, the arbitrator agrees that any statements or comments, whether written or oral, made or used by them or their representatives in preparation for or in the course of the arbitration shall not be relied upon to found or maintain any action for defamation, libel, slander or any related complaint, and this regulation may be pleaded as a bar to any such action.60. Decisions of the Board
The decisions of the Board with respect to all matters relating to an arbitration shall be binding upon the parties.61. Binding opinion
62. Arbitration clause
All parties wishing to make reference to the Centre shall use the following standard clause in their contracts:63. Mode of applications to Court
64. Implied provisions in an arbitration
Unless a different intention is expressed therein a reference to the arbitration shall be irrevocable, except by leave of the court, and shall be deemed to include the provisions set forth hereto, in so far as they are applicable to the reference:65. Leave to appeal against decisions of the Court on enforcement proceedings
66. Enforcement of foreign award
History of this document
29 January 2021 this version
Commenced