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The arbitration agreement is valid under Tanzanian law as the parties had capacity, were properly represented, and the agreement is not invalid under the law to which they subjected it. The reference to 'Cap 16' is a typographical error and does not render the clause void, inoperative, or incapable of being performed. The saving provision in the Arbitration Act, 2020 preserves the validity of agreements made under the repealed law. The petitioner's failure to initiate arbitration does not invalidate the agreement.
Source excerpt
- Validity of arbitration agreement
- Revocation of arbitration clause
- Interpretation of arbitration clauses
- Party autonomy in arbitration
- Enforcement of arbitration agreements