Govt in final stages of setting up national arbitration centre

By James Kandoya , The Guardian
Published at 06:00 AM Sep 05 2024
Court Hammer
Photo: File
Court Hammer

THE government is in the final stages of establishing a national arbitration centre to handle local and international dispute resolution.

Mala Kihupa, Senior State Attorney in the Ministry for Constitutional and Legal Affairs, made this announcement in Dar es Salaam yesterday while opening a training session for accredited arbitrators, mediators, and negotiators.

The training was organized by the government in collaboration with the German Agency for International Cooperation (GIZ).

She stated that the government has already secured a building in Dar es Salaam, and other processes are ongoing to establish the centre.

Kihupa mentioned that through the alternative dispute resolution (ADR) mechanism, the ministry, through the Mama Samia Legal Aid Campaign, has been implemented in seven regions, successfully resolving 668 cases and disputes amicably.

“We are pleased to report that this is one of the successes achieved by the ministry through the ADR mechanism,” she said.

Kihupa highlighted that ADR holds immense potential for both promoting access to justice and fostering economic growth.

She explained that by offering efficient and cost-effective methods to resolve disputes outside of traditional court proceedings, significant resources are saved.

She noted that ADR mechanisms, such as mediation, arbitration, and reconciliation, can significantly enhance access to justice for individuals and businesses alike.

“The ministry is responsible for coordinating and regulating matters pertaining to the Arbitration Act, 2022, and its regulations of 2021 to ensure that services provided by ADR practitioners are productive and efficient,” she said.

Kihupa added that since the law was enacted, the government has registered a total of 576 ADR practitioners, including 38 conciliators, 60 negotiators, 185 mediators, and 293 arbitrators.

Representative of GIZ, Ahmet Kasami, said the training is part of the government’s efforts to ensure the provision of education to arbitrators in Tanzania and ultimately enhance access to justice for economic development.

He stated that establishing an effective system for alternative dispute resolution requires qualified personnel.

Kasami noted that the Ministry of Constitutional and Legal Affairs and GIZ Tanzania aim to advance the system through the provision of training for legal professionals.

Dr Clement Mashamba, Deputy Principal (Training and Research) at the Law School of Tanzania, emphasized that ADR is the best approach as it reduces both time and cost.

He explained that the ADR mechanism takes almost 30 days compared to court proceedings and encouraged the public to opt for it.