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Expertise

We offer bespoke alternative dispute resolution (ADR) services

ARBITRATION

D o m e s t i c A r b i t r a t i o n

I n t e r n a t i o n a l I n v e s t m e n t A r b i t r a t i o n

A r b i t r a l S e c r e t a r i e s

We offer bespoke arbitration services by acting as counsels representing clients at arbitrations locally and internationally.

Arbitration Counsels:

Counsel representing the Claimant, an international construction company in a sub-contract construction dispute successfully securing an ex-parte Arbitral Award of $290,000 plus interest against the power construction company.
Counsel representing the claimant in an ad hoc arbitration under Tanzanian law regarding a commercial development property disputeagainst the Lessee with claim value of $1,000,000
Counsel in an ad hoc arbitration arising from a consultancy engagement between a Tanzanian party and an Indian based conglomerateamounting to over $1,000,000.
Counsel representing the Claimant a Value-Added Service provider in arbitration proceedings claiming breach of contract and successful in securing an Arbitral Award in its favor amounting to TZS 116, 733, 052 ($50,000) plus interest against a mobile telecommunications
Counsel representing a Gold mining company in a dispute arising from breach of Mining Service Agreement (MSA) with claim value overUSD 270,000.
Counsel representing the claimant arbitration proceedings representing a petroleum supplier in a dispute involving breach of a Fuel Supply Agreement for the petroleum supply to a mining company in Tanzania securing a consent award amounting to $450,000.
Counsel representing a petroleum supply company in a debt recovery suit for breach of Fuel Supply
Counsel engaged on several occasions for Filing of Arbitral Awards including Consent Award, Domestic and Foreign Arbitral Awards in the High Court (Commercial Division) for the enforcement of the Award.

CORPORATE GOVERNANCE

Corporate governance is a key area of focus for both investment funds and structured finance transactions, with investors requiring more robust oversight of the vehicles in which they are investing. This has not only increased demand for independent non-executive directors but also for those who understand the growing legal and regulatory compliance burdens placed on those vehicles

CORPORATE & COMMERCIAL LAW

We have a proven track record in carrying out Corporate and Commercial transactions assignments, particularly planning and forming new business entities, advising on restructuring or institutional review processes, corporate
restructures, joint venture/SPVs, share transfers, debt conversions, legal opinions and commercial contract negotiations.

ALTERNATIVE LEGAL SOLUTIONS

C o r p o r a t e I n v e s t i g a t i o n s :

Our investigative due diligence capability provides a consultative approach to clients undertaking new and significant projects, whether underwriting an IPO, considering a merger or acquisition, participating in a joint venture or entering a new marketplace. The risk of fraud exists in every organization including all industries, entity types, functional departments, and geographic areas. iResolve’s team of credentialed forensic investigation experts providing both proactive and reactive forensic services leveraging extensive information technology tools and seasoned expertise.

E s c r o w A g e n t :

We also act as escrow agent for diverse transactions, holding property assets on your behalf during a transaction or following a dispute across a broad range of transactions, including: corporate financing; disputed assets and legal settlements; fund asset acquisitions and divestments; complex project financing; debt, equity and hybrid market transactions; liquidations and administrations; and multi-party transactions.

C o n t r a c t A u d i t s “H e a l t h C h e c k ”:

Our specialist commercial contract advisory consultancy provides swift, simple solutions focused on our client’s defined successful outcomes promoting continued stable relationships as the foundation for these wherever possible. This service touches on all areas relating to the negotiation and drafting of commercial agreements and provides general commercial legal advice.

WORKPLACE DISPUTE MANAGEMENT

The area of labor law is one of the most risky spheres of the management of a Company. In order to enhance their protection we provide the following:

Legal advisory during effective setting of HR relations
Elaboration of internal rules of a company and preparation of the system of its control
Legal advisory in the area of management contracts
Preparation and performance of the HR audit of a company
Representation in labor law disputes at the CMA and High Court Labor Division

Outsourced Disciplinary & Grievance Hearings:

Effective outsourcing of the management of disciplinary cases is one of the fastest growing trends in employment practice and offers many advantages to the employer. By making use of our services we can help you to avoid the procedural and substantive pitfalls that plague many companies when it comes to disciplining their staff and allow you to deal with more pressing issues in your business.

Workplace Mediation:

Workplace Mediation is a confidential and informal way to resolve disagreements or disputes between people who work together. The process is assisted by a trained mediator who acts as a facilitator.

TRUST AND FIDUCIARY

T r u s t e e M a n a g e m e n t :

iResolve™ maintains a steadfast commitment to serving as trustee with diligence and in good faith in accordance with the terms of the trust deed and for the benefit of beneficiaries and unitholders.

D i r e c t o r s h i p :

iResolve™ provides qualified, experienced professionals to serve as independent directors on the boards of investment funds and special purpose vehicles. As independent oversight requirements dominate the investment world, our directors bring unmatched technical expertise and an understanding of legal and compliance burdens to add value to the governance process.

DISPUTE SYSTEM DESIGN /DISPUTE RESOLUTION PROCESS REVIEW & CHANGE IMPLEMENTATION

As specialists in conflict resolution and avoidance we can advise and assist with the setting up and design of ADR systems for internal and external conflict resolution; hence the mediator and or neutral can also assist with consultancy assignments to develop organizational capability and capacity for resolving conflict including dispute systems design, introducing mediation, developing formal policies and procedures, establishing informal communication protocols and coaching managers and teams through change.

CIVIL & COMMERCIAL MEDIATION

Our Principal Director, Ms. Kimei, holds appointments as mediator throughout Tanzania and cross-border disputes. She is qualified and accredited by the Chartered Institute of Arbitrators (UK) as a Civil and Commercial Mediator since 2012 and she offers a wealth of experience in identifying and mediating suitable resolutions for complex disputes in a variety of sectors. As a commercial mediator, she provides support for the resolution of conflicts between companies and business partners out of court. We can also recommend the expertise of a pool of experienced mediators based in Tanzania and abroad.

Our experience includes:

- Mediated several tenant-landlord disputes
- Mediation of a family business dispute with multiple ownership is a Group of family
- Facilitated out of court negotiations and settlement over a pending litigation arising out of a car rental and housing arrangement
- Mediator in a wrongful auction of mortgaged property in a debt recovery matter between Banker and
- Mediator in a dispute arising between the Supplier and Purchaser for supply of tyres
- Mediator, in a dispute arising from a supply of security systems agreement in a hotel construction project in Zanzibar;

Expert Determination

Ms. Kimei’s ADR practice also includes expert determination, a procedure that allows the parties to jointly instruct him to make an expert decision that is final and binding. Widely used in the energy and construction sectors, expert determination is securing a place in the maritime sector, particularly concerning issues relating to seamanship, cargo stowage, navigation and ship performance, effectively de- escalating many charterparty disputes and avoiding the souring of otherwise good relationships.

ADR Case Coordination

We can efficiently and economically coordinate the arbitration process in Tanzania and abroad. A Consultant is assigned to every arbitration proceeding to administer the process, schedule hearing orders and appearances, supervise document exchange and follow timelines. This service is especially valuable in tri-panel arbitrations where often one of the greatest obstacles to a hearing date is finding a time that all parties can appear together.

Successful ADR systems report an increase in productivity....

Adjudication/Dispute Boards

We provide counsel representation in adjudication cases in Tanzania and may be appointed as adjudicators or members of dispute boards for construction projects in Tanzania and abroad.