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State of commercial arbitration in Tanzania: a comparative study with Uganda
In general terms arbitration is the determination of dispute by the decision of one or more persons called arbitrators. It is an alternative means of dispute resolution to litigation. In arbitration parties have a say in the decision as to who should be involved in the determination of the dispute b...
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| Format: | Thesis |
| Language: | English English |
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Department of Commercial Law
2025
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| _version_ | 1867613162433413120 |
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| access_status_str | Open Access |
| author | Musingi, Lilian Richard |
| author2 | Christie, Richard |
| author_browse | Christie, Richard Musingi, Lilian Richard |
| author_facet | Christie, Richard Musingi, Lilian Richard |
| author_sort | Musingi, Lilian Richard |
| collection | Thesis |
| description | In general terms arbitration is the determination of dispute by the decision of one or more persons called arbitrators. It is an alternative means of dispute resolution to litigation. In arbitration parties have a say in the decision as to who should be involved in the determination of the dispute between them unlike in litigation where parties besides deciding on where to file a case which depends on the jurisdiction (territorial and pecuniary) of the courts, have no say not even influence on who should preside in their cases. In arbitration parties are also involved in deciding the venue of the arbitration. It is a voluntary procedure, also enforceable where parties to the dispute enter into an agreement that in case a dispute arises out of their commercial relationship, arbitration would be the mode of settling it. This means that the parties enter agreement selecting arbitration as mechanism to settle their dispute. Arbitration can be also ordered by the court on the application of the parties to the dispute. Its central features are that it is based on an agreement between the parties to the dispute, involves referral of a dispute to an independent arbitral tribunal (made up of one or more arbitrators) and produces a binding decision which may be enforced through the courts. |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/41430 |
| institution | University of Cape Town (South Africa) |
| language | English eng |
| last_indexed | 2026-06-10T12:31:45.395Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2025 |
| publishDateRange | 2025 |
| publishDateSort | 2025 |
| publisher | Department of Commercial Law |
| publisherStr | Department of Commercial Law |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/41430 State of commercial arbitration in Tanzania: a comparative study with Uganda Musingi, Lilian Richard Christie, Richard commercial arbitration Tanzania Uganda In general terms arbitration is the determination of dispute by the decision of one or more persons called arbitrators. It is an alternative means of dispute resolution to litigation. In arbitration parties have a say in the decision as to who should be involved in the determination of the dispute between them unlike in litigation where parties besides deciding on where to file a case which depends on the jurisdiction (territorial and pecuniary) of the courts, have no say not even influence on who should preside in their cases. In arbitration parties are also involved in deciding the venue of the arbitration. It is a voluntary procedure, also enforceable where parties to the dispute enter into an agreement that in case a dispute arises out of their commercial relationship, arbitration would be the mode of settling it. This means that the parties enter agreement selecting arbitration as mechanism to settle their dispute. Arbitration can be also ordered by the court on the application of the parties to the dispute. Its central features are that it is based on an agreement between the parties to the dispute, involves referral of a dispute to an independent arbitral tribunal (made up of one or more arbitrators) and produces a binding decision which may be enforced through the courts. 2025-05-13T07:57:52Z 2025-05-13T07:57:52Z 2008 2025-05-13T07:54:33Z Thesis / Dissertation Masters LLM http://hdl.handle.net/11427/41430 en eng application/pdf Department of Commercial Law Faculty of Law University of Cape Town |
| spellingShingle | commercial arbitration Tanzania Uganda Musingi, Lilian Richard State of commercial arbitration in Tanzania: a comparative study with Uganda |
| thesis_degree_str | Master's |
| title | State of commercial arbitration in Tanzania: a comparative study with Uganda |
| title_full | State of commercial arbitration in Tanzania: a comparative study with Uganda |
| title_fullStr | State of commercial arbitration in Tanzania: a comparative study with Uganda |
| title_full_unstemmed | State of commercial arbitration in Tanzania: a comparative study with Uganda |
| title_short | State of commercial arbitration in Tanzania: a comparative study with Uganda |
| title_sort | state of commercial arbitration in tanzania a comparative study with uganda |
| topic | commercial arbitration Tanzania Uganda |
| url | http://hdl.handle.net/11427/41430 |
| work_keys_str_mv | AT musingililianrichard stateofcommercialarbitrationintanzaniaacomparativestudywithuganda |