A case of constrained jurisdiction of the east African court of justice in commercial disputes: the presence of parallel dispute resolution mechanisms
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Date
2017
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
University of Dar es Salaam
Abstract
This study sought to examine the jurisdiction of the East African Court of Justice to hear commercial disputes within the East African Community. The Treaty Establishing the East African Community seeks to establish, among other things, a people-centered and market-based community. The research was anchored on the hypothesis that the jurisdiction of the EACJ to determine commercial disputes arising out of trade and investment activities within the region is constrained.
Data was collected from the Secretariat of the East African Community, library research, and interviews from respondents within Kinondoni District in Dar es Salaam and Nairobi. The study established that there exist parallel dispute resolution mechanisms whose effect is to constrain the jurisdiction of the Court to hear commercial disputes within the EAC. The East African Committee on Trade Remedies, the East African Community Competition Authority, national courts of Partner States, arbitral tribunals within national jurisdictions of Partner States, and other dispute resolution mechanisms existing in other regional communities where Partner States of the EAC are also members have jurisdiction to hear commercial disputes. The study recognizes that existence of parallel dispute resolution mechanisms grants choice of forum to select dispute resolution mechanisms that are convenient to them.
The study recommends Treaty amendment to state the Court’s jurisdiction and also to accord it appellate jurisdiction.
Description
Available in print form, East Africana Collection, Dr. Wilbert Chagula Library, Class mark (THS EAF JX4173A353M314)
Keywords
Jurisdiction, Commercia disputes, Court of justice
Citation
Mbila, A.M. (2017) A case of constrained jurisdiction of the east African court of justice in commercial disputes: the presence of parallel dispute resolution mechanisms. Master dissertation, University of Dar es Salaam. Dar es Salaam.