Appellate Court Session set for next week
East African Court of Justice, Arusha, 7th August, 2018: The Appellate Division will start its sessions on Wednesday 8th up to Friday 24th August, 2018. The Division will handle six (6) matters of Appeal and one for Arbitration before it; among these are two scheduling conferences, four hearings and two Judgments. All matters will be brought before the Honourable Justices: Dr Emmanuel Ugirashebuja (President of the Court), Liboire Nkurunziza (Vice-President), Justice Edward Rutakangwa, Aaron Ringera and Geoffrey Kiryabwire.
The arbitration matter coming up for hearing is by the Winglink Travel Limited Vs the Secretary General of the East African Community. It will be heard on Thursday 16th August before Justice Dr Emmanuel Ugirashebuja (Chair), Justice Edward Rutakangwa and Justice Aaron Ringera.
Article 32 of the Treaty for the Establishment of the East African Community, provides arbitral jurisdiction to the Court to hear and determine any matter arising from arbitration clauses or Special agreements. The Court arbitrates any dispute at no cost. So far the Court has received three (3) arbitration matters, two have been determined while one is in progress.
Article 35 of the Treaty gives mandate to the Appellate Division to handle appeals from the Judgement or any order of the First Instance Division of the Court on points of law, grounds of lack of jurisdiction or procedural irregularity.
The Appellate Division also has jurisdiction under Article 36 of the Treaty to give advisory opinion of the Court, if requested by the Summit, Council or a Partner State on a question of law arising from the Treaty which affects the Community.
Under Article 34, the Appellate Division also gives preliminary rulings on questions raised by any Court or tribunal of a Partner State concerning the interpretation or application of the provisions of this Treaty.
Notes for editors:
ARTICLE 32
Arbitration Clauses and Special Agreement the Court shall have jurisdiction to hear and determine any matter:
(a) arising from an arbitration clause contained in a contract or agreement which confer s such jurisdiction to which the Community or any of its institutions is a party; or
(b) arising from a dispute e between the Partner States regarding this Treaty if the dispute e is submit ted to it under a special l agreement between the Partner States concerned; or
(c) arising from an arbitration clause contained in a commercial contract or agreement in which the parties have confer red jurisdiction on the Court.
ENDS
For more information, please contact:
Yufnalis Okubo
Registrar
East African Court of Justice
Arusha, Tanzania
Tel: +255 27 2162149
mail: Okubo [at] eachq.org
www.eacj.org
About the East African Court of Justice:
The East African Court of Justice (EACJ or ‘the Court’), is one of the organs of the East African Community established under Article 9 of the Treaty for the Establishment of the East African Community. Established in November 2001, the Court’s major responsibility is to ensure the adherence to law in the interpretation and application of and compliance with the EAC Treaty.
Arusha is the temporary seat of the Court until the Summit determines its permanent seat. The Court’s sub-registries are located in the respective National Courts in the Partner States.
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