Building legal bridges: fostering eastern Africa integration through commercial arbitration
Abstract
This paper explores the feasibility of commercial arbitration as a means to
foster the process of Eastern Africa integration. Th
e author proffers an argument in
the context of Eastern Africa integration, that commercial arbitration offers a better
platform for dealing with commercial disputes that are bound to arise considering
the differing personal or state interests in the ongoi
ng Eastern Africa integration,
as compared to national Courts.
This discourse is premised on the fact that the five member countries
making up the East African Community (EAC) have different legal systems and
this presents a major challenge in harmonising
the various legal systems. This also
affects the possible use of courts in managing the potential transnational
commercial disputes due to the potentially different rules of procedure and practice.
The paper briefly examines the state of commercial arbitr
ation in the EAC
Member States with a view to identifying the existing framework
s
and any
impediments
in their effectiveness. Finally, the author makes a case for utilizing
commercial arbitration to build bridges and foster Eastern Africa integration for
development.
Citation
Kariuki.Muigua D. "Building Legal Bridges: Fostering Eastern Africa Integration through Commercial Arbitration." Alternative Dispute Resolution . 2015;3(1):45-87.Publisher
University of Nairobi