Uganda Case Law

Alcon International Limited v Standard Chartered Bank of Uganda and Ors. (Appeal 3 of 2013)

Alcon International Limited v Standard Chartered Bank of Uganda and Ors. (Appeal 3 of 2013) [2015] EACJ 53 (27 July 2015) (Appellate Division)

Court

East African Court of Justice

Case number

Appeal 3 of 2013

Judge

Nkurunziza JA, Ogoola JA, Ringera JA, Rutakangwa JA, Ugirashebuja P

The Appellate Division held that the East African Court of Justice lacked jurisdiction to entertain the reference against the Bank and Registrar, as they were neither Partner States nor Institutions of the Community under Article 30(1) of the EAC Treaty. The Common Market Protocol did not extend the Court's jurisdiction to private parties or acts occurring before its entry into force, as treaties are not retroactive unless expressly stated. 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, l…

Source excerpt

• Bank Guarantees
• Cross Border Investment Protection
• Jurisdiction Of Regional Courts
• Treaty Interpretation
• Mootness And Academic Issues
• Costs Awards