RESOLVING local and international commercial and investment disputes through arbitration has significantly reduced the backlog of commercial disputes pending in courts.

Judge Abdallah Gonzi of the commercial division of the High Court, said that the successful use of arbitration arises from awareness amongst lawyers, advocates, the business community, investors and the wider public as to alternative dispute resolution mechanisms.

He made these remarks at a press conference in Dar es Salaam yesterday, on the 7th annual arbitration conference slated for Thursday and Friday this week.

Organised by the Tanzania Institute of Arbitration (TIArb), the conference will bring together over 150 participants from within and outside the country, with virtual participation of interested parties in South Africa, Pakistan, Kenya, Rwanda and Uganda, he said. 

The conference theme is ‘Navigating Complexities: Resolving Construction and International Investment Disputes,’ with the judge praising TIArb for helping the court in resolving commercial disputes.

It has assisted those with limited knowledge on judicial matters where arbitration is applicable, he said, noting that this year participants will discuss and share experience on resolving disputes in the construction and investment sectors.

These are among crucial economic sectors whose disputes need urgent resolution, as ending the disputes enables communities involved to be freed from the handicap in economic pursuits.

The High Court administration has been putting into effect rulings provided by TIArb, he said, noting that most of the disputes arise from mistakes in drafting contracts, with the two parties differing in expectations and at times, conflicts of laws with legislation in the countries of origin.

Aderickson Njunwa, the TIArb vice president, earlier said that the institute was educating the public on the importance of using alternative dispute resolution and the number of willing companies is increasing.

 “We have chosen to discuss issues related to arbitration of commercial cases in construction and investment to help the government create a conducive business and investment environment,” he said.

The country is open to investment and the availability of alternative channels to resolve disputes is an additional assurance to prospective investors, he elaborated, pointing at construction projects as a major area of concern in arbitration.

“What the public should know is lawyers fit in settling construction claims or it is engineers who are more relevant,” he said, hinting at issues of best practices and strategies for managing or resolving international commercial disputes.

The institute is also tasked with developing skills and capacity of alternative arbitration personnel all over the country as it is a profession that requires expertise, he added.