alcon international limited v standard charted bank of uganda and ors reference 6 of 2010 2011 eacj 7 28 august 2011

alcon international limited v standard charted bank of uganda and ors reference 6 of 2010 2011 eacj 7 28 august 2011

The Reference is improperly before the Court as there are ongoing proceedings in Uganda's courts on the same matter, the Reference is brought against parties not contemplated by Article 30 of the Treaty, and the Court's jurisdiction has not been operationalised for the matters claimed. The Reference amounts to forum shopping and is struck out with costs.

Citation
alcon international limited v standard charted bank of uganda and ors reference 6 of 2010 2011 eacj 7 28 august 2011
Parties
Claimant: Alcon International Limited; 1st Respondent: Standard Chartered Bank of Uganda; 2nd Respondent: Attorney General of Uganda on behalf of the Republic of Uganda; 3rd Respondent: Registrar of the High Court of Uganda
Court
EACJ
Jurisdiction
Tanzania
Judgment Date
28 August 2011
Procedural Posture
Reference / Ruling on Preliminary Objections
Outcome
Reference struck out with costs
Legal Topics
Jurisdiction, Forum Shopping, Parallel Proceedings, Enforcement of Arbitral Awards, Interpretation of Treaty Provisions
Source Language
English
International Law Regional Integration Law Civil Procedure Jurisdiction Forum Shopping Parallel Proceedings Enforcement of Arbitral Awards Interpretation of Treaty Provisions

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Alcon International Limited

Claimant

Standard Chartered Bank of Uganda

1st Respondent

Attorney General of Uganda on behalf of the Republic of Uganda

2nd Respondent

Registrar of the High Court of Uganda

3rd Respondent

Procedural Posture

Reference / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the Reference is properly before the Court as against the 1st and 3rd Respondents
  2. 2 Whether the Reference is time-barred
  3. 3 Whether the Claimant has rights under the Protocol on the Establishment of the East African Community Common Market in respect of acts which arose prior to the coming into force of the Protocol

Ratio Decidendi

The Reference is improperly before the Court as there are ongoing proceedings in Uganda's courts on the same matter, the Reference is brought against parties not contemplated by Article 30 of the Treaty, and the Court's jurisdiction has not been operationalised for the matters claimed. The Reference amounts to forum shopping and is struck out with costs.

Court Disposition

Reference struck out with costs

Orders

  • The Reference is struck out with costs to the Respondents.