An analysis of Article 32(c) of the EAC treaty the efficacy of arbitration in bolstering the EAC integration agenda

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dc.contributor.authorGathoni, Faith Wanjiru
dc.date.accessioned2021-12-18T19:46:43Z
dc.date.available2021-12-18T19:46:43Z
dc.date.issued2020
dc.descriptionSubmitted in partial fulfilment of the requirements of the Bachelor of Laws Degree, Strathmore University Law Schoolen_US
dc.description.abstractThe 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 EACen_US
dc.identifier.urihttp://hdl.handle.net/11071/12383
dc.language.isoenen_US
dc.publisherStrathmore Universityen_US
dc.titleAn analysis of Article 32(c) of the EAC treaty the efficacy of arbitration in bolstering the EAC integration agendaen_US
dc.typeUndergraduate projecten_US
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