Alcon International Limited v Standard Chartered Bank of Uganda and Others
Alcon International Limited v Standard Chartered Bank of Uganda and Others (Reference 6 of 2010) [2013] EACJ 57 (2 September 2013) (First Instance Division)
The Court held that the 1st and 3rd Respondents were improperly sued as they are neither Partner States nor Institutions of the Community under the Treaty, and thus cannot be bound by its provisions. The substratum of the Reference—the Bank Guarantee—ceased to exist after the Supreme Court of Uganda set aside the arbitral award and related judgments, leaving no live dispute or enforceable right before the Court. The acts complained of occurred before the coming into force of the Common Market Protocol on 1st July 2010, and the principle of non-retroactivity under Article 28 of the Vienna Conv…
Source excerpt
- Cross Border Investment
- Bank Guarantees
- Treaty Interpretation
- Jurisdiction
- Arbitral Awards
- Enforcement Of Judgments