the honourable attorney general vs ayoub farid michel saab 2024 tzhccomd 32 15 march 2024

the honourable attorney general vs ayoub farid michel saab 2024 tzhccomd 32 15 march 2024

The ICSID arbitral award is a foreign award within the meaning of the Arbitration Act. The respondent did not oppose the application, and the court found no legal obstacle under section 83(2)(b) of the Act. The subject matter is arbitrable and enforcement does not contravene Tanzanian law. Therefore, the award is recognized and enforced as binding in Tanzania.

Citation
the honourable attorney general vs ayoub farid michel saab 2024 tzhccomd 32 15 march 2024
Parties
Petitioner: The Honourable Attorney General; Respondent: Ayoub-Farid Michel Saab
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
15 March 2024
Procedural Posture
Miscellaneous Commercial Application (arbitration) / Ruling on Petition for Recognition and Enforcement of Foreign Arbitral Award
Outcome
Petition granted; ICSID arbitral award recognized and enforced as binding in Tanzania.
Legal Topics
Recognition and Enforcement of Foreign Arbitral Awards, Bilateral Investment Treaty Arbitration, Costs and Fees in Arbitration, Jurisdiction of Tanzanian Courts Over Foreign Awards
Source Language
English
Arbitration Commercial Law International Investment Law Recognition and Enforcement of Foreign Arbitral Awards Bilateral Investment Treaty Arbitration Costs and Fees in Arbitration Jurisdiction of Tanzanian Courts Over Foreign Awards

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Parties

The Honourable Attorney General

Petitioner

Ayoub-Farid Michel Saab

Respondent

Procedural Posture

Miscellaneous Commercial Application (arbitration) / Ruling on Petition for Recognition and Enforcement of Foreign Arbitral Award

Legal Issues

  1. 1 Whether the ICSID arbitral award is recognizable and enforceable in Tanzania under the Arbitration Act
  2. 2 Whether the subject matter is arbitrable and enforcement would contravene Tanzanian law

Ratio Decidendi

The ICSID arbitral award is a foreign award within the meaning of the Arbitration Act. The respondent did not oppose the application, and the court found no legal obstacle under section 83(2)(b) of the Act. The subject matter is arbitrable and enforcement does not contravene Tanzanian law. Therefore, the award is recognized and enforced as binding in Tanzania.

Court Disposition

Petition granted; ICSID arbitral award recognized and enforced as binding in Tanzania.

Orders

  • Judgment entered in terms of the ICSID award; award recognized as binding and enforceable in Tanzania.
  • Respondent ordered to pay petitioner USD 100,000 as costs and fees of the arbitration proceeding.