Jurisdiction in Arbitration
Comparative Outlook between Tanzania and Rwanda
DOI:
https://doi.org/10.31686/ijier.vol4.iss10.611Keywords:
Jurisdiction, Arbitration, Rwanda, TanzaniaAbstract
Importance of arbitration, as an Alternative Dispute Settlement mechanism, offers flexible, convenient and cost effective mode of solving the dispute. The cardinal point is the jurisdiction of the arbitral tribunal which vests powers to the arbitral tribunal or arbitrator to legally arbitrate of the dispute. This paper discuss the cardinal point of the arbitral jurisdiction, tracing where the arbitral tribunal or arbitrator powers originate and what happen if there is abuse or ultra vires in the exercise of the powers vested. The papers, comparatively, takes a snap shot of Rwanda, which has one of the modern arbitration legislation and Tanzania which as the oldest one, dated as far back as 1931.
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References
English Arbitration Act of 1889
English Arbitration Act, 1996.
Introduction to Arbitration & ADR Work Book, April 2016, Kigali – Rwanda
Kenya Arbitration Act, 1995.
Law on Arbitration and Conciliation in Commercial Matters, N 005/2008 Dated 14th February 2008
Oxford Advanced Learner’s Dictionary, Oxford University Press, 6th edition, 2000.
Republic of Rwanda Constitution of 2003.
Tanzania Arbitration Act. Cap. 15, of 1932.9. Arbitration Rules of Civil Procedure (Arbitration) Rules of 1957 amended by Government Notice No.422 of 1994. 10. Civil Procedure Arbitration Rules and the Government Notice No. 491 of 1999
Tanzania Arbitration Institute Rules of 2008
National Construction Council Arbitration Rules of 2001. 13. National Construction Council Act No. 20 of 1979 and become operational in 1981 through the Government Notice, No. 95/1981
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Copyright (c) 2016 Damas Daniel Ndumbaro
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