Challenges in Applying the Kompetenz-Kompetenz Principle in Tanzanian Arbitration Law in Relation to Court Intervention

The paper investigates the use of the Kompetenz-Kompetenz concept in Tanzanian Arbitration law, focusing on the Arbitration Act, [Cap. 15 R.E. 2023]. The concept gives arbitral tribunals the authority to establish their jurisdiction, but it also allows for early judicial involvement, which can lead to legal conflict and procedural abuse. The research contrasts Tanzanian law with UNCITRAL Model Law states such as Kenya and India. It emphasizes the dangers of ambiguous judicial interpretation and uncertainty for investors and economic players. This paper furthermore proposes a balanced strategy to preserving some judicial control while protecting tribunal autonomy. It proposes measures to standardize procedure, provide legal certainty, and boost Tanzania's status as a regional and global arbitration hub.