Ayoub-Farid Michel Saab v. United Republic of Tanzania

Case summary

At a glance

Parties: Ayoub-Farid Michel Saab v. United Republic of Tanzania (court case: Hon. Attorney General, applicant, v. Ayoub-Farid Michel Saab, respondent)
Case no.: ICSID Case No. ARB/19/8; High Court of Tanzania (Commercial Division), Misc. Commercial Appl. No. 119 of 2022
Forum and rules: ICSID arbitration; registration proceedings before the High Court of Tanzania, Commercial Division, Dar es Salaam
Court: High Court of the United Republic of Tanzania (Commercial Division) at Dar es Salaam, Judge Deo John Nangela
Underlying award(s): An ICSID decision or order in Case No. ARB/19/8 delivered on 24 June 2021, which the ruling describes as a "foreign order" and an "ICSID Award"
Outcome: The Court extended the time for the Attorney General to file and register the ICSID decision against Mr Saab, with costs, and ordered filing within 14 days.

The dispute

The only published document is a ruling of the Commercial Division of the High Court of Tanzania. It concerns the enforcement of an ICSID decision against the claimant, Ayoub-Farid Michel Saab. The ruling does not describe the investment or the dispute. It shows only that an ICSID decision or order in Case No. ARB/19/8 was delivered on 24 June 2021 and that Mr Saab had not complied with it. Tanzania's Attorney General applied on 11 July 2022 for an extension of the six-month time limit to file and register that decision in Tanzania. The time limit comes from Part III, item 18 of the Schedule to the Law of Limitation Act. The Attorney General explained the delay in two ways: Tanzania had given Mr Saab time to pay after he cited financial difficulties caused by economic instability in Lebanon, and it had then spent time tracing his assets in several countries. Mr Saab argued that the delay of more than a year had not been accounted for.

Key holdings

An applicant for an extension of time must show sufficient cause and account for every day of delay. The court considers whether the application was brought promptly, whether the delay is validly explained, and whether the applicant was diligent. pp. 5–6
The Attorney General's explanation was sound enough for the Court to exercise its discretion. Tanzania had expected Mr Saab to comply with the Tribunal's orders and had reasonably accommodated his concerns, so it was neither negligent nor lacking in diligence. pp. 6–7
Application granted with costs. The Attorney General may file and register the ICSID award out of time and must file the application within 14 days of the ruling. p. 7

Procedural history

24 June 2021The ICSID decision or order in Case No. ARB/19/8 is delivered.
11 July 2022The Attorney General files an application in the High Court (Commercial Division) to extend the time for filing and registering the ICSID decision.
8 September 2022Mr Saab files a counter affidavit opposing the application. The reply is filed on 16 September 2022.
18 October 2022Hearing. The Court orders the application to proceed by written submissions.
28 February 2023Ruling of Judge Nangela: extension of time granted with costs, and filing ordered within 14 days.

Tribunal, counsel and experts

Decided by: Deo John Nangela Judge, High Court of the United Republic of Tanzania (Commercial Division)
For the claimant: Seni Malimi
For the respondent: State Attorneys (Office of the Attorney General)

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