Arafat Mkuu, hii nchi imekuwa ikiuzwa zamani. Kila siku (chumvi kidogo) inamegwa na kupigwa bei kwa mikataba mibovu. Hasara kiasi gani TZ imeshapata na itaendelea kupata ikiwa CCM wataendelea kuwepo!!!!!(e) The decision of the arbitrator shall be final and binding upon the Parties, and shall not be subject to appeal. Either Party may petition any court having jurisdiction to enter judgment upon the arbitration award. At the request of either of the Parties, the arbitrator shall cause such arbitration award to be filed with the High Court of Tanzania.
(f) The Parties waive any right to challenge or contest the validity or enforceability of this arbitration agreement or any arbitration proceeding or award brought in conformity with this Section, including any objection based on venue or inconvenient forum.
Hapa ndipo CCM na serikali yake ilipo ingiza Taifa hili mkataba wa mashaka, wanaweza kuuza nchni hawa jamaa, nashangaa mpaka leo aliyekuwa Mwanasheria wa Serikali hajachukuliwa hatua watu wanacheka cheka tu asubuhi hadi jioni.
sina zaidi ya kumuomba Allah atufanyie wepesi maana huko tuendako sijui kama tutasalimika
Mkuu Salute. At least I can now appreciate what JK meant when he said the country has no competent poeple in contract laws.I haven't read the ruling in full yet, but I may help on what you're debating about. The provisions you have referred are clear. The agreement entered between Dowans and Tanesco states that "The decision of the arbitrator shall be final and binding upon the Parties." This clause is based on Tanzanian Arbitration Act 1996 which states that "the award to be made by the arbitrators or umpires shall be final and binding on the parties and the persons claiming under them respectively.
Now, this is a very very old law and is based on the Geneva Convention on the Enforcement of Foreign Judgments of 1927. I don't understand why we're still using using this outdated law. The Geneva Convention was replaced in 1958 by the New York Convention on the Recognition and enforcement of foreign Arbitral Awards. One of the things, the New York Convention did was to replace the word "final" in the Geneva Convention with the word "binding".
Even the ICC Rules which were used to arbitrate the DOWANS/TANESCO dispute states that "Every Award shall be binding on the parties." It does not say that it should be final. The UK Arbitration Act is also based on the new law. That is why the judge said that in this case, he will have to refer to the English old law because the agreement was made basing on the old law.
Just yesterday I was reading that although the New York Convention 1958 has replaced the Geneva Convention 1927, shockingly, there are still few countries which have arbitration laws based on the Geneva Convention. It did not come to my mind that Tanzania was among those few countries, because our Arbitration Act was passed in 1996.
Why we passed the Act based on the Geneva Convention 1927, instead of the New York Convention 1958 (a United Nations Convention), I don't know. If our Arbitration Act was based on the New York Convention, Dowans would not have been able to bring this action because the abitral award would have been binding but not final. The words "final" and "binding" have serious legal implications. That is why the new law replaced the former with the later. Seriously, using this 19th century's law is costing us.
This thread has serious legal implications, but unfortunately, it will be politicized if not yet. I hope our lawmakers will notice this and demand the law to be updated as soon as possible.
Chenge alisema pesa lazima ilipwe, inamaana wakati yupo uingereza alikuwa anaifuatilia hiyo kesi.
Migogoro ya CCM inaimaliza nchi
unafiki huu.Mkuu Salute. At least I can now appreciate what JK meant when he said the country has no competent poeple in contract laws.
It seems that you are very conversant with these issues. I, among many here, are ignorant of all the references you have made here, which, they make a lot of sense. What i want to know from you learned brother is that in such a situation, what is the way out for Tanesco and tanzania as a country in this case?
IKO kisheria sana tungepata Mtaalam wa Lugha za kisheria atutafunie sisi wabeba zege maana shule zenyewe tumesoma St CCM, Chuo tumefundishwa na waadhiri walofail, wale wazuri wooote wako kwenye Siasa...
Watu kwa uchokozi...............
RA alipowaambia anaachana na siasa uchwara anakwenda kushughulikia biashara zake hamkumwelewa, ameanza sasa.
ni kweli mkuu hapa CCM sijui itatokajetokaje..kuna gemu wanachezeana wao kwa wao humo ndani.. kuhusu Chadema kwenye jambo kama hili kuwa wangefanya nini .. nina uhakika chama makini kama chadema kisingefanya uzembe wa kuingia kwenye janga kama hili .. na kama wangeingia katika hali kama hii basi ingebidi wafanye maamuzi magumu . ccm hawawezi kufanya maamuzi magumu sio kwamba hawataki au hawapendi .. ni kwamba hawawezi na yapo nje ya uwezo wao
Sitaki kuamini kuwa wawakilishi wa TANESCO/ Serikali hawakuusoma mkataba na kuuelewa vyema. Nashawisha kutamka kuwa kila andishi/kifungu/clause cha ule mkataba kilikuwa kina % ya ulaji.
Mheshimiwa Invisible asante sana kwa kutupa picha ya upande wa pili.Wakuu, ngoma bado mbichi?
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