Examining the Effectiveness of Arbitration in Maritime Dispute Resolution in Tanzania

Abstract

Maritime commerce generates disputes that are technically complex, geographically dispersed, and commercially urgent. Arbitration is therefore often presented as a suitable alternative to litigation, yet the availability of a general arbitration statute does not necessarily produce effective maritime dispute resolution. This article examines the effectiveness of maritime arbitration in Tanzania through doctrinal and qualitative analysis. References are made to the Sout African legal system in the appropriate circumstances. The study finds that Tanzania has a substantial general arbitration framework. The Arbitration Act, Cap. 15 R.E. 2023, supports party autonomy, written and incorporated arbitration agreements, separability, competence-competence, procedural flexibility, court assistance, and recognition and enforcement. Its effectiveness in the maritime sector is nevertheless constrained by the absence of a coherent maritime-specific regime, limited specialist expertise, weak institutional specialization, uneven stakeholder awareness, cost and delay, and practical uncertainty in cross-border enforcement. South Africa’s framework combining the International Arbitration Act 15 of 2017, the Arbitration Act 42 of 1965, and the Admiralty Jurisdiction Regulation Act 105 of 1983 offers lessons concerning legislative clarity, institutional coordination, specialist capacity, and enforcement. Tanzania should build on its existing framework through targeted maritime provisions, specialist training, model clauses, stronger institutional services, and more predictable court-supported enforcement.