The Place of International Arbitration in East Africa: A Case Study of the Effectiveness of the East African Court of Justice as an International Arbitral Tribunal

Abstract

This research reflects on the functioning of the East African Court of Justice (EACJ) as an international arbitral. The motivation behind this research paper is to evaluate the effectiveness of the East African Court of Justice in resolving disputes through arbitration. In doing so, the research will do an analysis on the history behind the establishment of the court, the court’s jurisdiction, the legal framework guiding the court in resolving arbitration disputes, the progress the court has had in resolving disputes through arbitration, the challenges facing the court and suggest the way forward. The research will further analyze the dynamics of arbitration disputes in the twenty-first century, and the impact of the national laws of the states on the court’s effectiveness. It is worth noting that the research paper focuses on East African Community with six (6) member states who so far have established legislative and institutional mechanisms in the area of domestic and international arbitration. These are: Kenya, Uganda, Tanzania, Rwanda, Burundi, and South Sudan. Given its relevance to the East African Community, this may therefore be the time to audit the East African Court of Justice's functioning as an international arbitral tribunal and reflect on whether it is moving in the right direction. The hypothesis of this research is that the East African Court of Justice has been struggling as an international arbitral tribunal. In tracing its history so far it is easy to discern the important role East African Court of Justice should play in promoting international arbitration in East African Community.