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Tanzania decisions
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The High Court dismissed a petition to set aside an arbitral award, holding the arbitrator was properly appointed and the VAT dispute was within scope.
The preliminary objections do not raise pure points of law and require evidence; the court has power to substitute parties; the Arbitration Act implies reference to a single arbitrator where no mode is provided; both objections are dismissed.
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The High Court appointed a sole arbitrator under a lease arbitration clause after the parties failed to agree on one, and ordered each side to bear its own costs.
The High Court no longer has jurisdiction to appoint an arbitrator under the current Arbitration Act; such powers are now exclusively vested in the Tanzania Arbitration Centre. As there is no pending suit between the parties, the application is unmaintainable and must be struck out.
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The High Court declined to appoint a named arbitrator and instead referred the dispute to the National Construction Council for arbitration under NCC Rules.
The court found that the respondent's objections to Mr. Charles Rwechungura were unsubstantiated but, given the importance of impartiality and qualifications in arbitration and the parties' consensus, appointed the National Construction Council (NCC) as arbitrator under the NCC Rules.
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The High Court held that a petition seeking appointment of an arbitrator was not time barred because time spent in bona fide proceedings before a court without jurisdiction could be excluded.
The CMA proceedings were fundamentally irregular because the same person conducted both mediation and arbitration without proper appointment or giving the parties a choice, contrary to statutory requirements. Therefore, the awards and subsequent orders are quashed and the matters remitted for fresh proceedings.
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The High Court quashed CMA awards because the same officer mediated and then arbitrated without a fresh appointment or party choice.
The High Court struck out an application to appoint an arbitrator, holding it was not properly brought because arbitration applications under the rules must be made by petition.
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