Practice

The Global Arbitration Square by Madeline Kimei is an inde­pen­dent dis­pute res­o­lu­tion law firm spe­cial­iz­ing in arbi­tra­tion, ADR and corporate legal support.

Madeline Kimei

We Are Law Firm That Serves Companies

Practice Area

Arbitration (Domestic & International) 100%
Commercial Mediation 100%
Corporate and Commercial Legal Advisory 100%

We specialize in bespoke arbitration, mediation, adjudication, and strategic dispute resolution. Whether as your appointed counsel or neutral, we represent your interests effectively and ethically in Tanzania and abroad.

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We Serve a Diverse Range of Sectors

Our legal and dispute resolution expertise extends across the following industries:

  • Banking and Financial Services
  • Construction and Infrastructure
  • Energy and Natural Resources (Oil & Gas)
  • Telecommunications
  • Technology and Intellectual Property
  • Real Estate and Conveyancing
  • Tax Dispute Resolution

DOMESTIC ARBITRATION INTERNATIONAL ARBITRATION

We offer domestic and international arbitration services. We represent our clients before  domestic and international arbitral tribunals and the Courts for enforcement.

ARBITRAL SECRETARIES

Recognizing the widespread use of tribunal secretaries and the useful role that tribunal secretaries can play in ensuring the efficacy of arbitral proceedings, Ms. Kimei can be appointed as a tribunal secretarial to assist in complex arbitrations

ARBITRATION ADVISORY

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

EXPERIENCE

  • Acting for a multi-national challenging the enforcement of an ICC Award in the Tanzanian court;
  • Legal opinion with respect to the Petroleum Bulk Purchasing Agency (PBPA) and importation contracts arbitration clause under the new Arbitration Act 2020;
  • Case review, analysis and strategy over a dispute under the Kigali International Arbitration Centre (KIAC) in respect of a construction project claim for adjustment in changes in cost (FIDIC Suite);
  • Advising a multi-national construction on dispute resolution of claims arising from the EDF General Conditions for Works and applicable EDF Arbitration Rules.

COMMERCIAL MEDIATION

Ms. Madeline 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. 

Mediation Experience:

The areas we provide services in are diverse and include: Banking and Financial Disputes/Credit Recovery; Business and Commercial; Employment & Labor; Insurance and Liability; Conveyancing & Property and Intellectual Property/Domain Names.

  • Mediation of a family business dispute with multiple ownership is a Group of family businesses.
  • 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 Borrower.
  • 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 WITNESS

Our arbitration services include to give oral evidence and offer unbiased opinions in arbitration proceedings. When appointed post-action, we assist the court or arbitral tribunal on technical matters after proceedings have commenced.

  • Rendered opinion on the arbitration clause under a petroleum supply agreement.
  • Rendering opinion on the enforcement of a foreign arbitral award in Tanzania

Expert Determination

Ms. Madeline 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.

Looking for high-quality legal services backed by global experience?

Sector-Specific Track Record

Diversified International & National Companies in Mining Industry (Selected): Legal advisory services to international clients on regulatory compliance such as in the Mining, Renewable Energy, FinTech, Energy, Telecoms and Agribusiness industries; advisory services to international and national clients on setting up businesses in the United Republic of Tanzania. The below are the selected advisory services:

  • Legal advisor in a debt conversion transaction for a gold mining company in Tanzania.
  • Legal advisor in the drafting and negotiation of contracts for the supply and purchase of iron ore to the State Mining Company (STAMICO).
  • Formation of aggregate mining company in Tanzania, securing mining licenses and set up operations in terms of contracts of employment and compliance with occupational health and safety and tax requirements.
  • Establishing a legal risk compliance register for mining company to effectively track compliance requirements as per country laws.
  • Drafting, review, negotiating and perfecting Community Development Agreement (Ikungu) for mining company.
  • Drafting and negotiating Mineral Rights Acquisition Agreements in respect of Primary Mining Licenses and Exclusivity and Non-Circumvention Agreement for certain projects under the primary mining licenses. 
  • Drafting and negotiating sale and purchase of primary mining licenses. 
  • Legal adviser formation of a gold mining company; 
  • Reviewing, drafting and negotiating a drilling services agreement and equipment hire for mining Client.
  • Extending legal opinion on the new Mining legal framework specifically on the local content requirements for Tanzania including preparing Mining Local Content Plans.
  • HR Legal consultancy and representations at the Commission for Mediation and Arbitration for Mining companies.
  • Drafting, negotiating and perfecting mining contracts such as Mining Services Agreement, Drilling Contracts and Equipment Hire Agreements.

Litigation /Adjudicative Tribunals:

  • Counsel in wind-up petitions for the recovery of debt;

  • Counsel representing a petroleum supply company in a debt recovery suit for breach of Fuel Supply Agreement. 

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    Counsel representation at CMA for Employer in an unfair termination complaint against the company seeking payment of compensation amounting to TZS 50M.
  • Counsel at CMA for the Employer (a security company) defending a complaint for unfair termination by two employees.
  • Representing a gold mining company in defending tax objections at Tax Revenue Appeals Board and Tax Revenue Appeals Tribunal
  • Representing a multinational company in tax disputes at the Tax Revenue Appeals Board and Tax Revenue Appeals Tribunal