TITLE:
Optimizing Maritime Dispute Resolution in Tanzania: A Comprehensive Assessment of Arbitration’s Role
AUTHORS:
Edrick J. Mugisha, Msabaha J. Mwendapole, Werneld E. Ngongi, Diana D. Kiwia
KEYWORDS:
Maritime Disputes, Arbitration, Judicial Proceedings, Cost-Efficiency, Flexibility, Confidentiality
JOURNAL NAME:
Open Journal of Social Sciences,
Vol.12 No.9,
September
23,
2024
ABSTRACT: Maritime disputes significantly impact international trade, particularly in regions like Tanzania with complex legal frameworks. Traditional state court litigation, often plagued by delays, high costs, and procedural rigidity, exacerbates uncertainties for maritime stakeholders. This study evaluates arbitration as an alternative dispute resolution mechanism in Tanzania’s maritime industry, highlighting its benefits such as expedited resolution, cost-efficiency, flexibility, and confidentiality. Arbitration typically resolves disputes faster and at a lower cost than court litigation, providing a crucial advantage in preventing financial losses in the maritime sector. The study also examines the comparative benefits of institutional versus ad hoc arbitration and suggests legislative updates, enhanced professional training, and increased awareness to bolster the arbitration framework in Tanzania. Ultimately, arbitration is presented as a viable and effective method for resolving maritime disputes, essential for the smooth operation and growth of Tanzania’s maritime industry.