Tanzania
In your jurisdiction, are there any formal ADR procedures available for resolving commercial disputes other than litigating (or arbitrating) to a final hearing?
Yes. Conciliation, mediation, arbitration and adjudication are available.
Does engaging in ADR have any effect on potential or existing litigation or arbitration?
Yes.
Is ADR compulsory and if so are there any consequences if a party fails to engage in ADR? If it is not compulsory are there any plans for this to change?
Yes. Court annexed mediation is mandatory in Tanzania. Consequences for failure to engage may result in:
- dismissal of the claim;
- striking out of the defense (if the party failed is the Defendant); or
- payment of costs and/or any other order the Court may deem fit.
Can the parties agree, in advance of any potential dispute, to engage in ADR?
Yes.
When does ADR generally take place?
- anytime a dispute arises
- anytime when there is an ongoing litigation and judgment yet to be pronounced
Is ADR subject to without prejudice privilege and/or confidential? If not, is there any other means to protect confidential information?
Yes.
Does the output from ADR create precedents?
No.
Who bears the costs of ADR?
Depends on the parties’ agreement. It can be equally shared by both parties.
Is your jurisdiction subject to any specific rules for cross border ADR?
Yes.
Are there any particularly unusual features of ADR in your jurisdiction that you are aware are different to other jurisdictions?
In Tanzania there is mandatory court annexed mediation before the dispute is litigated.
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