CHALLENGES OF IMPLEMENTING ARBITRATION AGREEMENTS IN TANZANIA: A COMPREHENSIVE REVIEW
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Abstract
The application of arbitration agreements has increased with the growth of commercial interactions worldwide. There are debates on its application. One side allows the application of arbitration agreement because it reduces the burden to the court of law to resolve the disputes. The other side restricts its application to protect the weaker parties in society. An arbitration agreement is the creature of the law. the law regulates its application. Several ways are in place to enforce it such as the stay of the legal proceeding, respecting it, separability and others. Numerous challenges on enforcing arbitration agreements are no-issuance of specific performance and discretionary leave of the court. All in all, the arbitration agreement is a statutory creature with strengths and weaknesses in its enforcement in Tanzania.
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