Comprehensive Guide to Legal Mechanisms in Tanzania.

Traditional Court Systems:

• The Commercial Court: The commercial court exclusively handles disputes above 70 million Tanzanian shillings, offering specialized adjudication for commercial matters.
• The Resident Magistrate Courts: Resolves disputes below the threshold set for the Commercial Court.
• Small Claims Courts: Provides expedited resolutions for smaller disputes, enhancing accessibility and efficiency.

Alternative Dispute Resolution (ADR):

• Arbitration and Mediation: Arbitration or mediation outside traditional courts  may be used for flexibility and confidentiality in dispute resolution.
• Specialized Arbitration: Utilize services provided by the Tanzania Institute of Arbitrators and the Contractors Registration Board for construction-related disputes.

Quasi-Judicial Bodies and Specialized Courts:

• Land Disputes: Addressed by specialized tribunals such as the District Land and Housing Tribunal and the High Court Land Division.
• Sector-Specific Disputes: Managed by regulatory bodies like EWURA, Bank of Tanzania, TCRA, BRELA, and the Fair Competition Commission, ensuring expertise and sector-specific resolutions.

International Conventions and Reciprocal Enforcement:

• Global Framework: Tanzania’s membership in international conventions facilitates the resolution of international commercial disputes.
• Reciprocal Enforcement: Allows for the enforcement of foreign judgments in Tanzania, streamlining cross-border dispute resolutions.

Tanzania’s legal system offers a robust framework for resolving commercial disputes through traditional courts, ADR methods, and specialized tribunals. By understanding these mechanisms, businesses can choose the most suitable approach to protect their interests effectively.

Facing a commercial dispute in Tanzania? Contact us today for expert guidance on choosing the right resolution method. Let’s safeguard your business interests with strategic dispute resolution strategies.

Contact details:

Email address: wilbard.massawe@mawalla.co.tz
Cellular: +255 655 400 056