Dispute Resolution: Turning Challenges into Opportunities
In today’s interconnected business landscape, disputes may arise from differing interpretations, unforeseen events, or shifting market conditions. However, disputes are a natural part of a commercial relationship – not a sign of failure. What truly defines resilience is not the absence of disagreements, but the quality and efficiency of the response.
Arbitration and ADR in Brief
Arbitration and alternative dispute resolution (ADR) are practical tools that help businesses manage risk, preserve relationships by building trust and safeguard investments. For Swiss and Tanzanian companies, especially those engaged in international trade and investment, these mechanisms offer the assurance needed to plan and invest with greater confidence. This includes, where applicable, the use of investment arbitration to resolve disputes between investors and states under bilateral or multilateral treaties.
Why Arbitration and ADR?
Neutral forum: proceedings take place before independent decision makers, which is especially valuable when parties operate in different jurisdictions.
Confidentiality: sensitive information can be protected more effectively than in many court systems.
Enforceability: arbitral awards are widely recognised and enforced internationally, which supports predictability in crossborder transactions.
Flexibility and efficiency: procedures, language, timetable, and expert involvement can be tailored to the dispute.
Relationship preservation: processes such as mediation can resolve issues while enabling continued cooperation.
Plan Ahead: the Value of Early Legal Input
Proactive planning can reduce costs and disruption later. Early legal input helps to:
- Draft effective dispute resolution clauses tailored to the deal, including the choice of seat, applicable rules (e.g., Swiss Rules of International Arbitration or UNCITRAL Rules), governing law, language, and the possibility of emergency or expedited procedures.
- Align expectations on confidentiality, discovery standards, and cost allocation to avoid future friction.
- Preserve evidence and privilege when a dispute appears likely, and assess options such as interim protective measures or mediation windows.
The STCC’s Role
The STCC brings together neutral institutions and seasoned professionals from Tanzania and Switzerland to support fair and efficient dispute resolution across both countries. Through collaboration, training, and practical guidance, the STCC helps companies reduce uncertainty, protect partnerships, and maintain business continuity.
Our Activities
Training & Capacity Building: workshops, seminars, and certification programs for legal professionals, corporate counsel, and business leaders.
Information & Outreach: practical resources and guidance for companies navigating dispute resolution in Tanzania or Switzerland.
Networking & Collaboration: connections between arbitrators, mediators, lawyers, and institutions across both countries.
A flagship event on international arbitration is already planned for 2026, underscoring the STCC’s commitment to excellence and knowledge-sharing.
Key Partners
The STCC collaborates with leading organizations and professionals committed to advancing dispute resolution between Switzerland and Tanzania:
- LALIVE: an international law firm with offices in Switzerland and the UK, and a STCC member, with extensive experience in international arbitration, including across Africa.
- The Swiss Arbitration Association (ASA) and the Swiss Arbitration Centre: key promoters of arbitration in Switzerland and beyond, and home of the Swiss Rules of International Arbitration, a leading framework for commercial dispute resolution.
- The Tanzania International Arbitration Centre (TIAC): a modern, service-oriented institution offering arbitration and other ADR services for both domestic and international disputes
- The Tanzania Institute of Arbitrators (TIArb): a professional membership body dedicated to training, accreditation, and promoting best practices in arbitration.
Together, these partners play complementary roles in strengthening Tanzania’s dispute resolution ecosystem and fostering confidence in cross-border commerce.
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