An analysis of Article 32(c) of the EAC treaty the efficacy of arbitration in bolstering the EAC integration agenda
Date
2020
Authors
Gathoni, Faith Wanjiru
Journal Title
Journal ISSN
Volume Title
Publisher
Strathmore University
Abstract
The EAC has committed itself to the economic integration of the Community. The achievement of economic integration naturally results in the rise of commercial disputes given the increase in cross-border commercial engagement. Arbitration is regarded as the preferred mode of disputes settlement for the private sector. The EACJ boasts of an arbitration mechanism under Article 32(c) of the EAC Treaty. However, this mechanism remains underutilised with only one arbitration case having been heard by the Court. Therefore, this research assesses the Arbitration Rules of the Court with a view to determining whether or not they are desirable for private sector disputants. Furthermore, it examines the role which arbitration can play in augmenting the EAC economic integration agenda.
This research employs a qualitative method of data analysis using both primary and secondary sources and inductive reasoning. It reveals that the Arbitration Rules of the Court as they are formulated are not desirable for private sector disputants because they are marred by numerous weaknesses. Furthermore, the research concludes that arbitration can play a key role in ensuring private sector participation in cross-border trade thereby strengthening the economic integration agenda of the EAC
Description
Submitted in partial fulfilment of the requirements of the Bachelor of Laws Degree,
Strathmore University Law School