This Ordinance was repealed on 2021-01-18 by Arbitration Act, 2020.
Tanzania
Arbitration Act
Chapter 15
- Published in Tanzania Government Gazette
- Commenced on 22 May 1931
- [This is the version of this document at 30 November 2019.]
- [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.]
- [Repealed by Arbitration Act, 2020 (Act 2 of 2020) on 18 January 2021]
Part I – Preliminary provisions
1. Short title
This Act may be cited as the Arbitration Act.2. Interpretation
In this Act, unless the context otherwise requires—"the court" means the High Court;"submission" means a written agreement to submit present or future differences to arbitration, whether an arbitrator is named therein or not.Part II – General provisions relating to arbitration by consent out of court
3. Application of Part II
This Part shall apply only to disputes which, if the matter submitted to arbitration formed the subject of a suit, the High Court only would be competent to try:Provided that, in regard to disputes which, if they formed the subject of a suit would be triable otherwise than by the High Court, the President may, with the concurrence of the Chief Justice, confer the powers vested in the court by this Part either upon all subordinate courts or any particular subordinate court or class of court.4. Provisions implied in submission
Unless a different intention is expressed therein a submission shall be irrevocable, except by leave of the court, and shall be deemed to include the provisions set forth in the First Schedule hereto, in so far as they are applicable to the reference under submission.5. Reference to arbitrator to be appointed by third person
The parties to a submission may agree that the reference shall be to an arbitrator or arbitrators to be appointed by a person designated therein and an arbitration may be designated either by name or as the holder for the time being of any office or appointment.6. Power to stay proceedings where there is submission
Where a party to a submission to which this Part applies, or a person claiming under him, commences a legal proceedings against any other party to the submission or any person claiming under him in respect of any matter agreed to be referred, a party to the legal proceedings may, at any time after appearance and before filing a written statement or taking any other steps in the proceedings apply to the court to stay the proceedings; and the court, if satisfied that there is no sufficient reason why the matter should not be referred in accordance with the submission and that the applicant was, at the time when the proceedings were commenced, and still remains, ready and willing to do all things necessary for the proper conduct of the arbitration, may make an order staying the proceedings.7. Powers of court to extend time for commencing arbitration proceedings
8. Power of court in certain cases to appoint arbitrator, umpire or third arbitrator
9. Power of parties in certain cases to fill vacancy
Where a submission provides that the reference shall be to two arbitrators, one to be appointed by each party, unless a different intention is expressed therein—10. Power as to appointment of arbitrators where submission provides for three arbitrators
11. Power of arbitrator or umpire
The arbitrators or umpire acting under a submission shall, unless a different intention is expressed therein, have power—12. Award to be signed and filed
13. Process to summon witnesses
14. Power of court to extend time for making award
The time for making an award may, from time to time, be extended by order of the court whether the time for making the award has expired or not.[s. 13]15. Power to remit award
16. Power to set aside award
Where an arbitrator or umpire has misconducted himself or an arbitration or award has been improperly procured, the court may set aside the award.[s. 15]17. Award when filed to be enforceable as decree
18. Power to remove arbitrator or umpire
Where an arbitrator or umpire commits any misconduct, the court may remove him.[s. 17]19. Costs
Any order made by the court may be made on such terms as to costs or otherwise as the court thinks fit.[s. 18]20. Forms
The Minister responsible for legal affairs may make Regulations for the purposes of this Act and may amend the Second Schedule.[s. 19]21. Power of High Court to make rules
The High Court may make rules as to—22. Application of Part II to Government
This Part shall apply to a submission of or an arbitration to which the Government of the United Republic is a party.[s. 21]23. Omiitted
[s. 22; s. 23]24. Omitted
[s. 22; s. 23]25. Application to statutory arbitration
This Part shall apply to arbitrations under any law in force before or after the commencement of this Act as if the arbitration were pursuant to a submission, except in so far as this Part is inconsistent with that law in relation to its provisions regulating arbitration or with any rules or procedure authorised or recognised by that law.[s. 24]26. Transitional provisions
[s. 25]Part III – Provisions relating to the Protocol set forth in the Third Schedule
27. Staying of court proceedings in respect of matters to be referred to arbitration under agreements relating to submission to arbitration
Notwithstanding anything in Part II, if any party to a submission made in pursuance of an agreement to which the Protocol on Arbitration Clauses of 1923 which is set forth in the Third Schedule hereto applies or any person commences any legal proceedings in any court against any other party to the submission or any person claiming through or under him in respect of any matter agreed to be referred, any party to these legal proceedings may, at any time after appearance, and before delivering any pleadings or taking other steps in the proceedings apply to that court to stay the proceedings and that court, unless satisfied that the agreement or arbitration has become inoperative or cannot proceed or that there is not in fact any dispute between the parties with regard to the matter agreed to be referred, shall make an order staying the proceedings.[Ord. No. 32 of 1932 s. 4][s. 26]Part IV – Provisions relating to the Convention set forth in the Fourth Schedule
28. Application of Part IV
29. Effect of foreign awards
30. Conditions for enforcement of foreign awards
31. Evidence
32. Meaning of "final award"
For the purposes of this Part, an award shall not be deemed final if any proceedings for the purpose of contesting the validity of the award are pending in the country in which it was made.[s. 31]33. Omitted
Transitional provisions.[s. 32]History of this document
18 January 2021
Repealed by
Arbitration Act, 2020
30 November 2019 this version
Consolidation
31 July 2002
Consolidation
Read this version
22 May 1931
Commenced
Cited documents 0
Documents citing this one 287
Judgment 273
Act 5
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5. | Insurance Act | 15 citations |
Government Notice 5
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4. | Reconciliation, Negotiation, Mediation and Arbitration (Practitioners Accreditation) Regulations, 2021 | 1 citation |
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Gazette 1
1. | Tanzania Government Gazette supplement number 3 dated 2013-01-25 number 4 |
Journal 1
1. | Law Review Journal, Vol. 1, 2016, Issue 1 |
Law Reform Report 1
1. | Comprehensive Review of Civil Justice System in Tanzania |
booklet 1
1. | Guiding Notes on Arbitration Law and Practice - Part One: Substantive Law and Principles |
Subsidiary legislation
Title
|
Date
|
|
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Arbitration Rules, 1957 | Government Notice 427 of 1957 | 31 July 2002 |