This article comprehensively reviews the legal and institutional frameworks shaping ADR in Tanzania’s aviation industry, specifically focusing on dispute resolution mechanisms. It examines the key laws and regulations, including the Constitution of the United Republic of Tanzania, the Civil Procedure Code, the Civil Aviation Act, and the Arbitration Act, which collectively govern the industry. These frameworks are crucial for promoting safety, efficiency, and the orderly resolution of disputes in the aviation sector. Additionally, the article explores the role of critical institutions like the Tanzania Civil Aviation Authority (TCAA), the Tanzania Airports Authority (TAA), and the Commission for Mediation and Arbitration (CMA), each of which plays a vital part in ensuring compliance with both domestic and international standards.
The review highlights how Alternative Dispute Resolution (ADR) methods, such as mediation, arbitration, and conciliation, have been integrated into the legal system to provide efficient and less adversarial means of resolving aviation-related disputes. The analysis also touches on relevant international instruments, including the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards and the International Civil Aviation Organization’s (ICAO) regulations. By addressing these legal structures and institutional mechanisms, the article offers insight into the strengths and potential challenges facing the aviation industry in Tanzania, particularly regarding the resolution of disputes and regulatory compliance.
