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The court held that the arbitration clause in the JVA does not bind the respondent, who is not a party to the JVA, and that disputes regarding the conduct of company meetings are not arbitrable but are within the court's jurisdiction under Section 137 of the Companies Act.
Source excerpt
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 The saving provision in the Arbitration Act, 2020 preserves the validity of agreements made under the repealed law.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.
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