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Tanzania decisions
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The existence of a valid arbitration agreement in the sale contract obliges the court to stay proceedings and refer the parties to arbitration, as per statutory mandate and established case law. The court retains jurisdiction to make such referral but must respect the parties' contractual dispute resolution mechanism.
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The High Court has jurisdiction to grant interim injunctive relief pending arbitration, even where the seat of arbitration is outside Tanzania, as the alleged breaches occurred in Tanzania and the distributorship agreement allows recourse to courts for interim reliefs. The applicant satisfied the tests for granting an injunction: there is a serious question to be tried, irreparable harm would occur without the injunction, and the balance of convenience favors the applicant.
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The Labour Court has no statutory jurisdiction to exempt a party from paying arbitral fees to the arbitrator; the only jurisdiction provided is to adjust fees if their reasonableness is challenged. The applicant's prayer is not covered by the Arbitration Act or the Employment and Labour Relations Act. The application is therefore dismissed for want of jurisdiction.
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The application is premature because the corrected final arbitral award dated 29th July 2024 and the original award dated 5th February 2024 are inseparable and both are subject to a pending challenge before the High Court of Zambia. Therefore, the requirement of finality under Regulation 66(3)(d) is not fulfilled, and the award cannot be recognized or enforced in Tanzania at this stage.
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The dispute was not confined to Interim Certificate No. 7 but included other claims; all disputes required referral to adjudicator before arbitration under Clause 24.1. The arbitrator lacked jurisdiction as this procedure was not followed. No manifest error or misapprehension of fact or law was found to justify review.
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The arbitration clause in the loan agreement applies to disputes arising from the payment agreement, as the payment agreement is integrally linked to repayment of the loan. The parties' contractual choice of arbitration ousts the court's jurisdiction, rendering the suit incompetent.
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The Court of Appeal struck out a revision application, holding that the High Court order refusing a stay pending arbitration was appealable and revision was inappropriate.
The High Court stayed Civil Case No. 219 of 2014, holding the dispute had to be referred to arbitration under the parties’ dealership agreement.
The refusal to stay proceedings pending arbitration finally determined the petition and the parties' rights to arbitration, making the order a final, not interlocutory, decision and thus appealable under Section 5(2)(d) of the Appellate Jurisdiction Act, 1979 as amended.
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The refusal to stay proceedings pending arbitration finally determined the petition and the parties' rights to arbitration, making the order final and appealable under Section 5(2)(d) of the Appellate Jurisdiction Act, 1979 as amended.
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