Abstract

Arbitration is the basic method of commercial dispute resolution in Mainland Tanzania which is done either through ad hoc arbitration or arbitral tribunal, it is a pure private court whereby the parties choose who to settle their dispute and the decision is of the arbitrator and binging the parties themselves. Because of the development of the modern commercial transaction necessities the parties to settle their disputes through amicable ways by invoking the arbitration as the method of settling their disputes on which the parties choose who settle their disputes and the decision becomes of the arbitrator and binding the parties in dispute. The arbitral jurisdiction is basically provided in either the arbitration clause or the major contract of which the court of law cannot interfere with the arbitration clause or agreement stipulated. The sanctity of the agreement must be respected because the arbitration agreement is the cornerstone of the arbitration which is the subject of this discussion. This article expounds on the arbitration agreement, principles of arbitration, and the essential elements of arbitration. It further emphasises that an arbitration agreement is the foundation of arbitration disputes settlement in arbitration jurisdictions. Hence, there is no arbitration that can be adjudicated without the arbitration agreement as it sets the foundation for arbitral procedures. Contrary to that the procedure thereof can be declared void.

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