The East African Court of Justice, Enforcement of Foreign Arbitration Awards and the East African Community Integration Process
The East African Court of Justice, Enforcement of Foreign Arbitration Awards and the East African Community Integration Process
This article discusses the legal regimes for enforcing foreign arbitral awards within the East African Community (EAC). It focuses specifically on the enforcement of awards from partner states as well as from the East African Court of Justice (EACJ), which, although a supranational court, has jurisdiction to accept parties' designation to act as an arbitral tribunal. The EAC has not yet developed a supranational community law based regime for enforcing foreign arbitral awards. The current dominant regime for enforcing such awards is the New York Convention. The article examines how the convention has been applied in the partner states and discusses aspects of the existing jurisprudence that demand reconsideration. It examines the suitability of applying the convention regime to awards from the EACJ, and the case for harmonizing the legal regimes for enforcing foreign arbitral awards within the EAC.
CITATION: Oppong, Richard Frimpong. The East African Court of Justice, Enforcement of Foreign Arbitration Awards and the East African Community Integration Process . : Cambridge University Press , 2018. Journal of African Law, Vol. 63, N0. 1, 2019 pp. 1-23 - Available at: https://library.au.int/east-african-court-justice-enforcement-foreign-arbitration-awards-and-east-african-community