The Effectiveness of Disciplinary Measures Against Arbitrators in Tanzania

This article examines the effectiveness of disciplinary measures against arbitrators in Tanzania through doctrinal and comparative legal research. It analyses the constitutional principles governing fair hearing and administration of justice, the Arbitration Act Cap. 15 R.E. 2023, the Code of Conduct and Practice for Reconciliators, Negotiators, Mediators and Arbitrators Regulations, 2021, and the Reconciliation, Negotiation, Mediation and Arbitration (Practitioners’ Accreditation) Regulations, 2021. It also considers relevant international standards concerning arbitrator independence, impartiality, disclosure and professional conduct. The article identifies a distinction between the existence of disciplinary authority and the procedural capacity to exercise that authority consistently and fairly. Although the Tanzanian framework provides for complaints, disciplinary proceedings, sanctions and appeals, important matters remain insufficiently elaborated, particularly investigation powers, evidentiary standards, recusal, procedural timelines, publication of decisions, implementation of sanctions and the determination of appeals to the Minister. The article argues that disciplinary effectiveness should be assessed by reference to accessibility, procedural fairness, institutional independence, transparency and enforceability, rather than by the mere availability of sanctions. It recommends comprehensive procedural rules, clearer investigative and evidentiary standards, safeguards against conflicts of interest, reasoned publication of final decisions, effective sanction monitoring and a defined appellate procedure. The article concludes that targeted legal and institutional reform is necessary to strengthen professional accountability and public confidence in arbitration in Tanzania.