Main Sources of Law in Tanzania
STAY OF PROCEEDINGS PENDING ARBITRATION: DOES IT APPLY TO INSOLVENCY PROCEEDINGS?
By Bwire B. Kuboja
There are two main sources of law in Tanzania Mainland regulating stay of proceedings pending arbitration namely section 6 of the Arbitration Act and section
64 of the Civil Procedure Code Act read together with the Second Schedule to the
Civil Procedure Code Act. Under section 6 of the Arbitration Act, a party to a submission against whom a proceeding connected to any matter agreed to be submitted is commenced, is entitled to apply for stay of proceedings pending arbitration at any time before filing a written statement of defense or taking any step in the proceedings. The application under section 6 of the Arbitration Act can be made by a party to a submission or his privy. Section 64 of the Civil Procedure Code
Act on the other hand, provides that unless there is a provision to the contrary by the
Arbitration Act or any other law in force, matters pertaining to references to arbitration shall be governed by the provision of the Second Schedule to the Civil
Procedure Code Act. Clause 18 of the second schedule to the civil procedure Code Act contains almost similar provision with that of section 6 of the Arbitration Act save for the time of filing the application for stay of proceedings. While the former provision requires such application to be made at any time before the filing of a written statement of defense or taking any step in the proceedings, under the latter provision the same should be filed at earliest opportunity time and in all cases where issues are settled at or before such settlement.
It would appear to be the law, according to Clause 18 of the Second Schedule to the
Civil Procedure Code Act, that provided the application is made at or before settlement of issues, an application for stay of proceedings can be made after the
Defendant has taken a step in the proceedings, including filing a written statement of Defense.
By Bwire B. Kuboja
There are two main sources of law in Tanzania Mainland regulating stay of proceedings pending arbitration namely section 6 of the Arbitration Act and section
64 of the Civil Procedure Code Act read together with the Second Schedule to the
Civil Procedure Code Act. Under section 6 of the Arbitration Act, a party to a submission against whom a proceeding connected to any matter agreed to be submitted is commenced, is entitled to apply for stay of proceedings pending arbitration at any time before filing a written statement of defense or taking any step in the proceedings. The application under section 6 of the Arbitration Act can be made by a party to a submission or his privy. Section 64 of the Civil Procedure Code
Act on the other hand, provides that unless there is a provision to the contrary by the
Arbitration Act or any other law in force, matters pertaining to references to arbitration shall be governed by the provision of the Second Schedule to the Civil
Procedure Code Act. Clause 18 of the second schedule to the civil procedure Code Act contains almost similar provision with that of section 6 of the Arbitration Act save for the time of filing the application for stay of proceedings. While the former provision requires such application to be made at any time before the filing of a written statement of defense or taking any step in the proceedings, under the latter provision the same should be filed at earliest opportunity time and in all cases where issues are settled at or before such settlement.
It would appear to be the law, according to Clause 18 of the Second Schedule to the
Civil Procedure Code Act, that provided the application is made at or before settlement of issues, an application for stay of proceedings can be made after the
Defendant has taken a step in the proceedings, including filing a written statement of Defense.