Civil Procedure Code
Reconciliation, Negotiation, Mediation and Arbitration (Practitioners Accreditation) Regulations, 2021
Government Notice 147 of 2021
- Published on 29 January 2021
- Assented to on 5 January 2021
- Commenced on 29 January 2021
- [This is the version of this document from 29 January 2021.]
Part I – Preliminary provisions
1. CitationThese Regulations may be cited as the Reconciliation, Negotiation, Mediation and Arbitration (Practitioners Accreditation) Regulations, 2021.
2. InterpretationIn these Regulations, unless the context otherwise requires—"Act" means the Civil Procedure Code;[Cap. 33]"accreditation" means the recognition and registration of persons as competent to perform the functions and duties as reconciliators, negotiators, mediators or arbitrators in Mainland Tanzania;"allied association" means a professional body or association recognized as such under any written law, and includes the National Board of Auditors and Accountants, the Engineers Registration Board and the Contractors Registration Board;"arbitration" means a process by which parties submit a dispute to the decision of a neutral person or persons appointed by mutual consent or in accordance with the provisions of the Arbitration Act;"arbitrator" means a person who handles arbitration disputes in the manner provide d under the provisions of the Arbitration Act;[Cap. 15]"Centre" means the Tanzania Arbitration Centre established under section 77 of the Arbitration Act;[Cap. 15]"mediation" means the settlement of a legal dispute through interactive participation of a mediator;"mediator" means a person who assists parties in a dispute to find points of agreement in a conflict and agree on a fair result in the manner provided under the Act;"Minister" means the Minister responsible for legal affairs;"negotiation" means the dialogue between two or more parties which is facilitated by a negotiator;"professional misconduct" means a breach of conduct by an accredited person as provided under regulation 5(1) of the Code of Conduct for Reconciliators, Negotiators, Mediators and Arbitrators, Regulations 2021;"reconciliation" means the process of resolving a dispute through a reconciliator;"reconciliator" means a person who handles reconciliation matters in the manner provide under the provision of the Act;"Registrar" means the person appointed as a Registrar under section 64C of the Act; and"register" means the register of accredited mediators, negotiators, reconciliators and arbitrators kept and maintained in accordance with the provisions of regulation 16.
Part II – Administrative matters
3. Accreditation Panel
4. Conduct of meetings of Accreditation Panel
Part III – Criteria for accreditation
5. Qualifications for registration as reconciliator, negotiator and mediator
6. Qualifications for registration as arbitrator
7. Accreditation of foreignersA reconciliator, negotiator, mediator or arbitrator holding a practicing certificate from another jurisdiction outside the United Republic with the intention to practice in Mainland Tanzania shall be required to apply in the manner provided under these Regulations.
Part IV – Accreditation process
8. Application for accreditation
9. Scrutiny of applications for accreditation
10. Brief reportThe Registrar shall, before convening a meeting of the Accreditation Panel, prepare a brief report on the applications brought before him together with recommendations to the Accreditation Panel for the accreditation of applicants.
11. Determination of applications for accreditationUpon a call of meeting by the Registrar, the Accreditation Panel may, after consideration of the application together with the brief report of the Registrar, direct the Registrar—
12. Powers of Accreditation Panel before determinationAn Accreditation Panel may, in the course of making determination of a matter brought to it, require an applicant for registration—
13. Refusal of applicationThe Accreditation Panel may, subject to the provisions of these Regulations, reject an application for registration where—
14. Communication of decision of Accreditation Panel
15. Issuance of certificate of accreditation
16. Terms and conditions of certificateA person who holds a certificate of accreditation issued under these Regulations shall comply with the following Certificate obligation—
17. Validity of certificate of accreditationCertificate of accreditation issued under these Regulations shall be valid for a period of two years and may be renewable subject to the compliance of obligations of certificate holder.
18. Renewal of certificate of accreditation
19. Suspension of certificate of accreditation
21. Procedure for de-registration
22. AppealsAn applicant who is not satisfied with the decision of the Accreditation Panel or Registrar may, within twenty-one days from the date of receipt of the decision, appeal against the decision to the Minister.
Part V – Miscellaneous provisions
24. Publication of register
25. Publication to be prima facie evidence of registration
26. General penaltyAny person who contravenes any provisions of these Regulations for which no specific penalty has been prescribed commits an offence and shall, on conviction, be liable to a fine not exceeding five million shillings or to imprisonment for a term not exceeding two years or to both.
History of this document
29 January 2021 this version
05 January 2021