Madeline

Kimei

Principal

Ms. Kimei appears on several institutional Panels in Tanzania and globally:

  • World Bank’s ICSID Panel of Conciliators.
  • Chairperson for Arbitrations, European Commission;
  • AAA-ICDR ICANN Independent Review Panel;
  • Kigali Int’ Arbitration Centre Panel of Mediators and Arbitrators;
  • Panel of Arbitrators, Shanghai International Arbitration Centre (SHIAC);
  • List of Arbitrators, Hong Kong International Arbitration Centre (HKIAC).
  • Arbitrator on the Panel of SADC – AFSA.
  • Bali International Arbitration and Mediation Centre (BIAMC)
  • Panel of Arbitrators/Mediators, Tanzania Institute of Arbitrators
  • Panel of Adjudicators/Arbitrators, National Construction Council (Tanzania)
  • Caspian Arbitration Society
  • Panel of Arbitrators, KOVICE

Arbitrator(Sole /Co-/ Presiding) –[selected]
•

  • Co -Arbitrator in an international construction commercial dispute based on the Conditions of Contract for Building and Engineering Deigned by the Employer, Multilateral Development Bank Edition (May 2005) published by the International Federation of Consulting Engineers (FIDIC), administered and conducted under the ICC Arbitration Rules.
  • Co – Arbitrator in a dispute arising from a Mining Surface Drilling Agreement with claim amount to approximately $15 Million conducted under the UNCITRAL Arbitration Rules 1976.
  • Presiding Arbitrator in a commercial dispute arising under a short-code provision agreement for gaming under the Cairo Regional Centre for International Commercial Arbitration (CRCICA) Arbitration Rules 2011.
  • Presiding Arbitrator in a dispute arising from a commercial sales of vehicle agreement.
  • Sole Adjudicator in a dispute arising from a supply contract between state owned organization and a foreign company under the TIArb Adjudication Rules 2021.
  • Sole arbitrator in an ad hoc arbitration in a dispute arising out of a Memorandum of Agreement for the maintenance and servicing of equipment conducted under the TIArb Arbitration Rules 2018.
  • Sole Arbitrator in an ad-hoc arbitration under the UNCITRAL Arbitration Rules (2010) in respect of a contract for training on usage and supply of project management software and implementation under a private-public partnership.
  • Sole Arbitrator in an ad-hoc arbitration adjudicating a dispute arising from a breach of bus shelter advertising agreement.
  • Sole Arbitrator in a shareholder liability dispute with claim value of $260,000 under the Tanzania Institute of Arbitrators Arbitration Rules 2018.
  • Sole Arbitrator in an ad-hoc arbitration in respect of an employment related dispute arising from unfair termination.
  • Sole Arbitrator in an ad-hoc domestic arbitration of a dispute involving a sugar manufacturer and major beverage company ending in consent award with value amounting to TZS 1, 143, 632,325 ($494,200).
  • Sole Arbitrator in an arbitration of a dispute involving a dispute arising from advertising services contract between a South African entity against a state-owned telecommunication company.

Arbitration Counsel [selected]:

  • Counsel representing a Chinese construction company on a dispute arising from a FIDIC 1999 Redbook suite contract under KIAC Arbitration Rules 2012.
  • Counsel advising the Contractor in a dispute arising under the Procedural Rules for Conciliation and Arbitration of Contracts EDF 1990.
  • Counsel advising on an arbitration seated in London under the LCIA Rules on issues of IPR, gaming laws, arbitrability and enforcement under Tanzanian Law matters.
  • 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 dispute against the Lessee with claim value of $1,000,000 plus.
  • Counsel in an ad hoc arbitration arising from a consultancy engagement between a Tanzanian party and an Indian based conglomerate amounting 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 company.
  • Counsel representing a gold mining company in a dispute arising from breach of Mining Service Agreement (MSA) with claim value over USD 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 Agreement.
  • Counsel engaged for Filing of Arbitral Awards including Consent Awards, Domestic / Foreign Arbitral Awards for the recognition and enforcement.

Adjudication:

  • Adjudicator in a commercial dispute arising from a contract for provisions of collections and auctioneering with claim value amounting to over $700,000.
  • Adjudicator in domain name disputes for .tz.
  • Adjudicator in a commercial dispute with regards to the supply of goods between a state entity and a foreign company.

Commercial Mediation:

  • Mediator in a dispute arising from a Master Lease Agreement for mining equipment.
  • Mediated a dispute arising from a supply of security systems agreement in a hotel construction project in Zanzibar; tenant-landlord disputes; family business dispute with multiple ownership is a Group of family businesses; out of court negotiations and settlement over a pending litigation arising out of a car rental and housing arrangement; a wrongful auction of mortgaged property in a debt recovery matter between Banker and Borrower; and a dispute arising between the Supplier and Purchaser for supply of tyres.
  • Counsel in numerous labor-related disputes at the Commission for Mediation and Arbitration (CMA) and labour courts.
  • Arbitral Secretary:
    Served as Arbitral secretary in several ad-hoc arbitrations including a 3-member tribunal over a telecommunications dispute arising from a national dealership agreement under UNCITRAL Rules.

ADR Expert/Advisory:

  • Short-Term Expert, Promotion of Rule of Law and the Judiciary in Africa (PRoLA) – Negotiation and Mediation Training Manual (June 2024)
  • Short Term Expert, Promotion of Rule of Law and the Judiciary in Africa (PRoLA), Development of ADR Factsheet and ADR Practitioner’s Database [August 2024)
  • Expert opinion on arbitration clause under the laws of Tanzania in a petroleum bulk fuel supply agreement.
  • Advisory on dispute resolution and law of limitation in respect of a power plant project EPC contract between an MNO and Sub-contractor.
  • Rendered Legal Opinion on enforcement of foreign arbitral awards under the Tanzania Arbitration Act 2020;
  • Consultant, appointed by the Chief Justice of Tanzania to assist the Judicial Rules Committee for the development of Arbitration Rules under the new Arbitration Act 2020;
  • Consultant for the TLS in development of strategy and establishment of the Tanzania International Arbitration Centre;
  • Extending local counsel Arbitration and ADR advisory in an aviation related dispute;
  • Expert Adviser for drafting of Dispute Management and Resolutions Module for the Tanganyika Law Society Continuous Learning Curriculum

Articles, Book Chapters, Blog Publications

  • SURVEY REPORT ON ALTERNATIVE DISPUTE RESOLUTION (ADR) USAGE BY BUSINESSES IN TANZANIA (APRIL 2025) (30 June 2025) [https://papers.ssrn.com/sol3/papers.cfm?abstract_id=5340971]
  • ADR and DEI: A promising next generation of ADR practitioners (March 04, 2025). Available at SSRN: http://dx.doi.org/10.2139/ssrn.5164609
  • Evaluating Tanzania’s ICSID Representation, the verdict;
  • Preparing for Mediation: Position Statements, 2022
  • Outlawed foreign for a: the conundrum over Tanzania’s international investor – disputes resolution system, Africa Construction Law
  • Lise Bosman, Kluwer Arbitration in Africa 2021, Chapter on Tanzania;
  • Early Neutral Evaluation and its importance for the Civil Justice system in Tanzania;
  • Collaboration for Efficient Dispute Resolution, Empower, 21 April 2020;
  • Good or Bad Deal: The Rise in Investment Treaty Disputes – The Case for Tanzania (October 1, 2017);
  • Mediation (Tanzania) – Getting the Deal Through, 2017; Mediation (Tanzania) – Getting the Deal Through, 2018;
  • iResolve: The wave of the future for dispute resolution in Tanzania, 18 July 2015 – Global Magazine
  • Who Solves Domain Name Disputes? September 2017
  • “Alternative Schemes for resolving banking and financial disputes – Mediation” – published by the Tanganyika Law Society Journal, Issue 1- Feb 2012 accessible on Lexis Nexus
  • E-Contracts, Bournemouth University (UK) – supervised by Faye Fangfei Wang (2008/9)

– Winner – EAIAC Young Arbitration Practitioner 2020;
– Africa Arbitration Academy – Top 50 Most Promising Young Arbitration Practitioners in Africa;
– Top 50 Women in Management in Tanzania 2019 (WIMT);
– Finalist – Innovation in Arbitration, Africa Arbitration Award, August 2019; CIArb (Kenya Branch) International Conference, Recognition Award 2018;
– Stephenson Harwood LLP Mentorship Program on International Arbitration 2020-2021
– Top 100 Tanzanian changemakers 2021
– Superheroes-Heroes – Influencers -Disruptors (SHID)
– 2023 ADR Stakeholders Recognition Award from the Judiciary of Tanzania, Mediation Centre.

Volunteering Involvement (selected):

– TLS Tanzania Law Journal Reviewer 2025
– ADR Committee, Tanzanian High Court Mediation Centre
– 2025 Settlement House (SHATI) Volunteer Trainer;
– Faculty, Bangladesh International Mediation Society (September 2018 to date);
– Of-Consultant & Director, Tanzania International Arbitration Centre (TIAC);
– Member, ERP Pledge Africa-Sub Committee, Equal Representation in Arbitration;
– Buddy, Young International Council for Commercial Arbitration (YICCA), Mentorship Program;
– Patron, ADR Society University of Benin – Nigeria;
– Arbitrator volunteer at the 2022 Istanbul Vis Pre-Moot; 2022
– 2023 Alfred Deakin International Commercial Arbitration Moot;
– Africa in the Moot.
– Istanbul Pre-Vis Moot; Africa in the Moot.

Training /Facilitation Engagements:

Facilitator – Introduction to Arbitral Secretaries, TIArb Webinar – April 2023;
Convener – Africa-Asia Mediation Conference (AAMC), Slipway, Dar es Salaam -5-6 September 2019;
Trainer, Practice and Procedure on Arbitration and use of technology, Induction of Judges at the Kisutu Training Centre by Institute of Judicial Administration – 22 November 2019;
Trainer, Mediation and Arbitration, Bangladesh International Mediation Society, 29-20 Nov’19;
Trainer, Investment Arbitration & Arbitrating with Govts. – Tanganyika Law Society, 3 September 2019, Arusha; Trainer, Basics of ADR for the Aviation Industry, Tanzania Civil Aviation Authority – 25-26 July 2019;
Facilitator, Dispute Resolution in the Telecommunications Sector, June 2019;
Facilitator, Commercial Mediation & ODR, Bangladesh International Mediation Society, March 2019;
Facilitator, Current Development in Arbitration Law in Tanzania: Practical Aspects at JNICC, Dar es Salaam 16 November 2018 organized by the Tanganyika Law Society;
Trainer – Combating Fraud in Government Institutions, Bagamoyo (April 2017);
Convener – International Arbitration: Practical Skills, Dar es Salaam (April 2017)
Co-Facilitator – “Domain Name Dispute Resolution for .tz” (June 2016)
Convener – Tanzania Institute of Arbitrators, Annual Arbitration Conference since 2019
Convener &Facilitator – Commercial Mediation (2016)
Convener & Facilitator – “The Role of Lawyers in Mediation” (April 2015)

Speaking Engagements [selected]:

  • 2025: Panelist: “Supporting Sustainability Through ADR” at the 2025 International Association of Defense Counsel (IADC) Africa Regional Meeting hosted by ALN Kenya; 20 March 2025 – Panelist: Fireside Chat, Nairobi Arbitration Week: “Beyond 2025 – Where Arbitration in Africa Goes Next”; 24-28 March – Facilitator on Arbitration at the 2nd Annual Bespoke Training for State Attorneys: Advancing Legal Excellence for Sustainable Development- Arusha; 6-7 March – Legal Aid for MSMEs on Use of ADR, organized by GIZ & MoCLA, Slipway Dar es Salaam; ⁠24-25 April 2025 – “African International Judicial Mechanisms: The Role of East African Court of Justice (EACJ) in Cross Border Matters and Access to Justice for MSME’s” – Arusha; ⁠⁠19 May 2025 – Swiss – Tanzania Chambers Conference on Navigating Disputes How Arbitration can empower Swiss Investments in Tanzania – Johari Rotana, DSM; ⁠⁠23 May 2025 – Global South ADR Thirunaal/Day (GSADRT/GSADRD) by Kovise Foundation Conflict Resolution International (KFCRI) – India.

 

  •  2024: Facilitator, Tax Ombudsman Training on ADR, Dodoma 14-17 May 2024; Panelist, World IP Day 2024, IP Disputes & ADR; Panelist, ADR Stakeholders Recognition Award, Why not Mediation? Judiciary of Tanzania – Dar es Salaam; Facilitator, Webinar on Contract Management: Dispute Resolution and Arbitration in Tanzania, Tanganyika Law Society; ICC International Court of Arbitration Training Workshop Tanzania (Feb 24);

 

  • 2023: Panelist, Diversity and inclusion: from the ground-up – Africa Arbitration Association – Cape Town (Oct 2023); Facilitator, ADR Spectrum, Bangladesh Int’ Mediation Society, Mediation & Multiculturalism Domestic and International Challenges, November 2023 – Dhaka, Bangladesh; Moderator, a dialogue with former Chief Justices on the past, present, and future outlook of the Southern and Eastern Africa region judiciaries at the Southern and Eastern Africa Chief Justices’ Forum (Oct 23); Empowering Women in Arbitration: Breaking Barriers, shaping the future, East African Law Society; Panelist, Tanzania: Development, Business Environment and Investment Climate – Toastmasters East Africa Corporate Innovation & Leadership Summit (July 2023).

 

  • 2022: Panelist, Reform of The Legal Framework for International Arbitration in Tanzania, Dubai Arbitration Week, Regional Perspectives: Recent Developments in MENA & East Africa – November 14-18, 2021; Panelist, ICC Kenya – Equality and Diversity in the Arbitration Community: Time for a Change, Impact of Women in Arbitration across Africa – 23 September 2022; Panelist, East Africa Law Society, Webinar on “The state of Institutional Arbitration in EA”, 20 September 2022; Speaker at the 9th Annual Governance Forum on “Corporate Governance & Conflict/Dispute Resolution”, Institute of Internal Auditors – Arusha -September 2022.; Panelist, Mitigating the risk of crude oil pipeline construction projects: EACOP Pipeline Project, July 2021;

 

  • 2020: Speaker, Masterclass in Arbitration Law, Evolution of Arbitration and Future Trends (Symbiosis Law University ADR Society) – 26 September 2020; Moderator, East Africa International Arbitration Conference – Career Day – 26 August 2020; Panelist, Africa-Asia Mediation Association (AAMA) -Thailand Arbitration Centre (THAC), Challenges in Conducting Online Mediation – 25 August 2020; Convener, Africa-Asia Mediation (Virtual) Conference 2020, Supreme Court of Bangladesh, Dhaka; Convener, Tanzania Institute of Arbitrators (TIArb) Annual Arbitration Conference – 7 August 2020; 2nd KIAC Webinar Knowledge Sharing Session, Practical Tips for Online Mediation -3 July 2020 Speaker, EAIAC Webinar Series, The New Arbitration Act and Lessons – 17 June 2020; Panelist, ODR/Virtual Arbitration in Africa, Kovise Foundation Conflict Resolution International (KFCRI), 8 May 2020 (Zoom Webinar)2020 Panelist, on the Covid19: Commercial Risk Mitigation and Efficient Dispute Resolution in Africa hosted by Cliffe Dekker Hoefer 16 April 2020; Panelist, Virtual Alternative Dispute Resolution in a post-covid19 era, The African Catalyst, 7 May 2020 (Youtube Livestream); Moderator, Panel on Arbitration and Arbitral Institutions in Africa, 2nd Annual NCIA International Arbitration and ADR Conference, Nairobi Centre for International Arbitration, Mombasa, 4-6 March 2020

 

  • 2019: Panelist, Private Sector and Enablers -6th Annual Agricultural Policy Conference (AAPC) 2019; Lead Facilitator, Mining the Value of Arbitration and ADR in Tanzania, 2019 Annual General Meeting of the Tanzania Chamber of Mines ;; Panelist, “The Role of Entrepreneurship in Legal Transformation and The Founder’s Journey” Harvard Legal Tech Symposium 12-13 September 2019; Speaker, Introduction to Dispute Resolution in the Telecommunications Sector & Domain Name Disputes, AruWSIG, 2 September 2019, Arusha; Panel Speaker, Smart Contracts, Blockchain and Arbitration, 4th ICC Africa Conference on International Arbitration, 18-19 June 2019 – Lagos, Nigeria; Empower Academy – Empower Limited, The Future of Work, “Leading the Change” – addressing a group of graduate trainees – 2019

 

  • 2018: Speaker at the Chartered Institute of Arbitrators (Kenya Branch) International Conference 2018, ADR Trends in a Dynamic Legal Environment Presenting on The Panel on Judiciary In Arbitration: Effects Of Judicial Influence a paper on “The emerging jurisprudence from judiciary on arbitration in Tanzania”; Speaker – “Who wants to be an International Arbitrator” ICC Young Arbitrators Forum – 6 November 2018, Nairobi -Kenya; Speaker – “Strategic Dispute Prevention and Management of Construction Disputes”, 27th Anthony Almeida/Samuel Uronu Lecture Series on Building Contract Disputes, Claims and How to Prevent them – 5 October 2018; Speaker – “Beyond Mediation – The Transformative Story”, International Symposium on Peace ‘non-violence – path of the peace’ organized by Bangladesh International Mediation Society -21 September 2018 at Purbani, Dhaka, Bangladesh; Speaker – “ODR4AFRICA: iResolve™: Online dispute resolution – gauging feasibility (online resolution platforms and services)” – Artificial Intelligence in Arbitration – Tech Savvy East Africa call to lead in Innovating for Arbitration – East African International Arbitration Conference 2018 – Addis Ababa, 30-31 August 2018; Speaker – “ODR4AFRICA: iResolve™ Experience” ALN Academy Arbitration Workshop, Sankara Hotel, Nairobi (24-25 July 2018); Speaker – “The Role of Arbitral Secretaries in Arbitration”, Tanzania Institute of Arbitrators, 2nd Annual Arbitration Conference, Theme: Evolution of Arbitration: Challenges, Proposals, Implications (11 July 2018); Speaker – “Who solves domain name disputes”, Internet Domain Name Management, Theme: Strengthening the Internet Ecosystem in Tanzania – Tanzania School of Internet Governance (TzSIG) (10 July 2018)

 

  • 2017: Engaged by the Tanzania Women Lawyers Association (TAWLA) to facilitate a session on Mediation in Oil and Gas Disputes: The hidden gem – building a case for community mediation as a tool to resolving LNG disputes – 27 May 2017, Dar es Salaam; Panelist –The Digital Lawyer: Embracing Technology to create balance, Women Lawyers Conference, Entebbe (16 Nov 2017); Panelist – Legal Issues affecting African Registries, Registrars and resellers, Alternative Dispute Resolution Mechanisms for ccTLDs, Registrars and Resellers; Changing legal and regulatory landscape for doing business, 5th African Domain Name System Forum (ADNS Forum) in Dar es Salaam, Serena Hotel (26 – 28 July’ 17; Speaker – Mediation in Oil and Gas Disputes: The hidden gem, Promoting sustainable development and gender parity in Tanzania: the role of women in extractive industry – Tanzania Women Lawyers Association (TAWLA)– 27 May 2017;

 

  • 2016: Speaker – Dreams of a career in ADR in Tanzania – University of Dar es Salaam Law School Finalist Graduates 2016; “Arbitration in Tanzania: Challenges and opportunities” – Young International Council for Commercial Arbitration (YICCA) Arbitration Skills workshop held in Dar es Salaam (5 May 2016)

 

  • 2015: Panel Member, Seminar on Risks of Investment in Africa, Solutions & Dispute Resolution Mechanisms, Beijing Foreign Studies University, Law School (June 2015)