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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 dismissed an application to refer a dispute to arbitration, holding that the applicant had already submitted to the court’s jurisdiction and acted too late.
The High Court dismissed an arbitration-related petition as overtaken by events after the disputed farm had been sold and a certificate of sale issued.
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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Applicant demonstrated readiness for arbitration and respondent failed to sufficiently prove applicant blocked arbitration efforts; benefit of doubt given to applicant, stay of proceedings granted to allow arbitration process.
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The High Court stayed commercial proceedings pending arbitration under section 6 of the Arbitration Act, holding the applicant was ready for arbitration.
The court found insufficient evidence that the applicant blocked arbitration and, giving the applicant the benefit of doubt regarding receipt of the respondent's email, held that the applicant was ready for arbitration. Therefore, the application for stay was allowed to enable arbitration as per the agreement.
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