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Educated Nigerians, Is It True This Contract Gives All Tanzania Ports To UAE - Politics - Nairaland

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Educated Nigerians, Is It True This Contract Gives All Tanzania Ports To UAE by shibyc: 10:21pm On Jul 01, 2023
My fellow African brothers, You set the lead when it comes to education in Sub Saharan african countries and i need your help.

In Tanzania there is an Intergovernmental agreement between the united republic of Tanzania and the Emirate of Dubai concerning - Economic and social partnership for the development and improving performance of sea and lake ports in tanzania

It's not passed yet but some people say that it will snatch all the ports forever.

With this contract is it true that all Tanzania ports will be snatched forever ?

These are the articles in the contract.

ARTICLE 23
DURATION AND TERMINATION


1. Subject to paragraph 2 of this Article 23, this Agreement shall remain in force until occurrence of one of the following: (i) permanent cessation of all Project Activities; or (ii) the expiration of all of the HGAs and all of the Project Agreements (subject to any additions or extensions thereto) and the definite resolution of disputes, if any, thereunder.

2. In the event that a HGA is terminated prior to expiration of its term, this Agreement shall remain in force for the time, and to the extent, required by any State Party or by the Project Company to assert any rights arising from, protect any interests endangered by or bring any proceeding resulting from termination of the HGA. Termination or expiry of a HGA shall not affect any accrued rights, liabilities or remedies of any party under such HGA or the related Project Agreements or this Agreement.

3. The termination of this Agreement shall be subject to the prior consent of the State Parties, such consent is not to be unreasonably withheld.

4. The State Parties shall not be entitied to denounce, withdraw from, suspend or terminate this Agreement in any circumstances, including in the event of material breach, fundamental change of circumstances, severance of diplomatic or consular relations, or any other causes recognised under international law. Notwithstanding the foregoing, any dispute between State Parties in respect of such circumstances shall be dealt with in accordance with the requirements of Article 20 of this Agreement.


ARTICLE 20 DISPUTE SETTLEMENT

1. Amicable Settlement

Disputes arising out of, or in connection with, this Agreement shall be referred by a Party for amicable resolution through diplomatic channels or, if such Party so chooses, to the IGA Consultative Committee, with any agreement recorded in writing. If a dispute is not amicably settled within ninety (90) days from the date of presentment of the dispute through diplomatic channels or the IGA Consultative Committee, any Party may notify the other Party that a declared dispute exists (a "Declared Dispute"wink.

2. Arbitration

(a) If a Declared Dispute exists, the Parties agree that any Party may, upon written notice to the other Party, submit the matter to arbitration under the UNCITRAL Arbitration Rules.
(b) Each Party shall appoint one (1) member of the tribunal within thirty (30) days of receipt of the written notice referred to in Article 20(2)(a) above. Those two (2) members shall then select a national of a third state who, on approval by the Parties, shall be appointed Chair of the tribunal.
(c) The Chair shall be appointed within thirty (30) days from the date of appointment of the second member.
(d) If within the periods specified in Article 20(2)(b) above, the necessary - appointments have not been made, either Party may, in the absence of any other agreement, invite the Secretary-General of the Permanent Court of Arbitration to make any necessary appointments within thirty (30) days of a request being made.
(e) For the purpose of Arbitration Process:
(i) the seat of the arbitration shall be Johannesburg, Republic of South Africa;
(ii) the venue of the arbitration shall be Johannesburg, Republic of South Africa;
(iii) the language of the arbitration shall be English; and
(iv) the award shall be in writing and shall set forth the reasons for the tribunal's decision.

3. Disputes under the Project Agreements and HGAs will also be subject to resolution through international arbitration in a neutral venue and seat.

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