Lawcastles Brochure

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Understanding the Legal Landscape equals a strategic advantage for your business Expert Determination, Commercial Arbitration & Litigation < LAWCASTLES

Expert Determination, Commercial Arbitration & Litigation We provide legal services in commercial disputes resolution whether it takes place in a form of expert determination, arbitration or litigation. In most cases, we encourage and assist our clients to resolve commercial disputes amicably through negotiation and mediation.

Expert determination is becoming a popular method of resolving commercial disputes because it is simple and does not entail complying with complicated procedures as it is always the case in arbitration and litigation. If the parties agree to resolve their differences by way of expert determination, the parties to a dispute will select an expert whom they believe that he/she has professional knowledge to determine the matter(s) in dispute fairly. The parties to a dispute agree to be bound by the decision of the expert. When the parties decides to use an expert in resolving their differences, we always encourage and assist in negotiation and structuring expert determination agreements. We assist in the process of selection of an expert and making submission before the expert. If the parties agree to use arbitration as a dispute settlement mechanism, we provide services at every stage of arbitration. Our services include drafting arbitration agreement and interpreting already drafted or agreed arbitration agreement; assisting in the process of appointment of arbitrators; assisting in the process of commencement of the arbitration by determining all procedural and evidential matters; assisting in the hearing process; assisting in the process of challenging the award; assisting in the process of enforcing the award; and providing expert opinion on Tanzanian law matters to pending arbitrations in foreign countries. If the parties have to resort to litigation, we assist and advice on litigation process. Commercial litigation in Tanzania has been transformed by creation of the Commercial Division of the High Court of Tanzania. Following the creation of the Commercial Division of the High Court of Tanzania, commercial disputes can now be adjudicated within a short period and in a more efficient manner. Furthermore, the creation of the Land Division of the High Court of Tanzania has also increased efficiency in the process of property disputes adjudication. The Land Division of the High Court of Tanzania adjudicates disputes on properties (including commercial disputes involving properties) in a quick and more efficient manner. Other specialized tribunals where we provide litigation services include Fair Competition Tribunal, Trademark Office, Patent Office, Tax Appeals Board and Tax Appeals Tribunal.

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