the attorney general of the united republic of tanzania vs ayoub farid michael saab 2023 tzhccomd 253 3 august 2023

the attorney general of the united republic of tanzania vs ayoub farid michael saab 2023 tzhccomd 253 3 august 2023

The application for recognition and enforcement of the foreign arbitration award filed by letter under Regulation 51(5) is an accepted procedure, but it is incompetent if not accompanied by the proceedings of the tribunal as required by Regulation 51(5).

Citation
the attorney general of the united republic of tanzania vs ayoub farid michael saab 2023 tzhccomd 253 3 august 2023
Parties
Petitioner: The Attorney General of the United Republic of Tanzania; Respondent: Ayoub-Farid Michael Saab
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
3 August 2023
Procedural Posture
Miscellaneous Commercial Cause / Preliminary Objection Ruling
Outcome
preliminary objection overruled; application struck out with leave to re-file
Legal Topics
Recognition and Enforcement of Foreign Arbitration Award, Procedure for Filing Arbitration Awards, Preliminary Objection
Source Language
English
Arbitration Commercial Law Recognition and Enforcement of Foreign Arbitration Award Procedure for Filing Arbitration Awards Preliminary Objection

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Parties

The Attorney General of the United Republic of Tanzania

Petitioner

Ayoub-Farid Michael Saab

Respondent

Procedural Posture

Miscellaneous Commercial Cause / Preliminary Objection Ruling

Legal Issues

  1. 1 Whether the application for recognition and enforcement of a foreign arbitration award filed by letter is competent under Regulation 63(1) of the Arbitration (Rules of Procedure) Regulations, 2021
  2. 2 Whether Regulation 51(5) allows filing by letter and what documents must accompany such filing

Ratio Decidendi

The application for recognition and enforcement of the foreign arbitration award filed by letter under Regulation 51(5) is an accepted procedure, but it is incompetent if not accompanied by the proceedings of the tribunal as required by Regulation 51(5).

Court Disposition

preliminary objection overruled; application struck out with leave to re-file

Orders

  • Preliminary objection overruled.
  • Application for registration of award struck out for lack of accompanying proceedings.