ARRANGEMENT OF SECTIONS
1 Short title
3 Certain provisions of Agreement given force of law in Jamaica
4 Power of Minister to make order
Jurisdiction of Court
5 Jurisdiction of Court
6 Original jurisdiction of Court
7 Procedure re applications before Court
8 Binding precedents
9 Revision of judgment
Enforcement, Execution, etc of Judgments
10 Powers of court
11 Enforcement of judgment of Court
12 Right of audience
Regional Judicial and Legal Services Commission
13 Regional Judicial and Legal Services Commission
14 Responsibility of Commission
15 Rules of Court
CARIBBEAN COURT OF JUSTICE (ORIGINAL JURISDICTION) ACT
[Date of Commencement: 23rd March 2012]
Act 17 of 2005.
This Act may be cited as the Caribbean Court of Justice (Original Jurisdiction) Act.
Preliminary (sections 2-4)
In this Act, unless the context otherwise requires-
"Agreement" means the Agreement Establishing the Caribbean Court of Justice signed at Bridgetown, Barbados on the 14th day of February, 2001, as amended by the Protocol to the Agreement Establishing the Caribbean Court of Justice Relating to the Juridical Personality and Legal Capacity of the Court signed at Montego Bay, Jamaica on the 4th day of July, 2003, of which the text of the Articles is set out in the Schedule;
"Commission" means the Regional Judicial and Legal Services Commission established by Article V of the Agreement;
"Community" means the Caribbean Community established by Article II of the Treaty;
"Contracting Party" means a Contracting Party within the meaning of Article I of the Agreement;
"Court" means the Caribbean Court of Justice established by Article III of the Agreement acting, subject to the provisions of this Act, in the exercise of the original jurisdiction conferred on it in Part II of the Agreement;
"judgment" includes a decree, ruling, order or decision;
"national" means a person who-
(a) is a citizen of Jamaica;
(b) has a connection with Jamaica which entitles him to be regarded as belonging to or, if it be so expressed, as being a native or resident of Jamaica for the purposes of the laws relating to immigration; or
(c) is a company or other legal entity constituted in Jamaica in accordance with the laws of Jamaica and which Jamaica regards as belonging to it, provided that such company or other legal entity has been formed for gainful purposes and has its registered office and central administration and carries on substantial activity within the Community and is substantially owned and effectively controlled by persons mentioned in paragraphs (a) and (b), and for the purposes of this paragraph, a company or other legal entity is-
(i) substantially owned if more than 50% of the equity interest therein is beneficially carried by nationals mentioned in paragraph (a) or (b);
(ii) effectively controlled if nationals mentioned in paragraphs (a) and (b) have the power to name a majority of its directors or otherwise legally to direct its actions;
"party" means any party to proceedings before the Court;
"President" means the President of the Court;
"record" means the aggregate of documents relating to proceedings before the Court, including the pleadings, evidence, judgments and exhibits required by Rules of Court to be filed or laid before the Court;
"Rules of Court" means the Rules of Court made pursuant to Article XXI of the Agreement;
"Supreme Court" means the Supreme Court of Judicature of Jamaica;
"Treaty" means the Revised Treaty of Chaguaramas establishing the Caribbean Community including the CARICOM Single Market and Economy signed in the Bahamas on July 5, 2001.
The provisions of the Agreement other than paragraph 1 (b) of Article II, paragraph 1 (c) of Article XII, Article XIV, Article XXV and paragraph (b) of Article XXVI thereof (hereinafter referred to as the applicable provisions of the Agreement), shall have the force of law in Jamaica.
The Minister may, by order, subject to affirmative resolution, make such provisions as may be necessary for carrying into effect any of the applicable provisions of the Agreement.
Jurisdiction of Court (sections 5-10)
Subject to the provisions of this Act, the Court shall have the original jurisdiction provided for in this Act and as is conferred on it in accordance with Part II of the Agreement.
(1) The Court shall, in the exercise of its original jurisdiction, have exclusive jurisdiction to-
(a) hear and deliver judgments on-
(i) disputes between Contracting Parties;
(ii) disputes between am of the Contracting Parties and the Community;
(iii) applications by nationals in accordance with subsection (2);
(b) deliver advisory opinions at the request of a Contracting Party or the Community,
concerning the interpretation and application of the Treaty.
(2) Nationals may, with the special leave of the Court, be allowed to appear as parties in proceedings before the Court where-
(a) the Court has determined in any particular case that the Treaty intended that a right conferred by or under the Treaty on a Contracting Party shall enure to the benefit of such persons directly;
(b) the persons concerned have established that they have been prejudiced in respect of the enjoyment of the benefit mentioned in paragraph (a);
(c) the Crown, being entitled to espouse the claim in proceedings before the Court, has omitted or declined to espouse the claim, or has expressly agreed that the persons concerned may espouse the claim instead of the Crown; and
(d) the Court has found that the interest of justice requires that the persons be allowed to espouse the claim.
Any matter pertaining to the exercise of the original jurisdiction of the Court shall be brought before the Court by written application in the manner prescribed by rules of court.
Judgments of the Court shall legally bind parties to the proceedings before the Court unless such judgments have been revised in accordance with section 10.
(1) An application for the revision of a judgment of the Court in the exercise of its original jurisdiction may be made only where-
(a) there is the discovery of some fact of such a nature as to be a decisive factor;
(b) the fact was, when the judgment was given, unknown to the Court and to the party claiming revision; and
(c) the ignorance regarding the fact was not due to negligence on the part of the applicant.
(2) Proceedings for a revision shall be opened by a judgment of the Court expressly recording the existence of the new fact, recognising that it has such a character as to lay the case open to revision, and declaring the application admissible on this ground.
(3) The Court may require previous compliance with the terms of the judgment before it admits proceedings in revision.
(4) The application for revision shall be made within six months of the discovery of the new fact.
(5) No application for revision may be made after the lapse of five years from the date of the judgment.
(6) Nothing iin this section shall affect the rights of third parties that have accrued since delivery of the judgment mentioned in subsection (1).
Enforcement, Execution, etc of Judgments (sections 11-12)
Subject to rules of court,the court shall as respects the area within its jurisdiction, have power to make orders for the purpose of securing the attendance of any person, the discovery or production of any document, the examination of witnesses and otherwise in relation to the execution of process.
A judgment of the Court shall be enforced in like manner as a judgment of the Supreme Court.
Administrative Provisions (section 13)
Attorneys-at-law, duly entitled to practise law in any Contracting Party, shall not be required to satisfy any other condition in order to practise before the Court, wherever the Court is sitting in exercise of its jurisdiction, and they shall enjoy the privileges and immunities necessary for the independent exercise of their duties.
This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.