AGREEMENT ESTABLISHING
THE CARIBBEAN COURT OF JUSTICE

ARTICLE IX (h)
INTERVENTION BY THIRD PARTIES

1. Should a Member State, the Community or a person consider that it has a substantial interest of a legal nature which may be affected by a decision of the Court in the exercise of its original jurisdiction, it may apply to the Court to intervene and it shall be for the Court to decide on the application.

2. Whenever the construction of a convention to which Member States and persons other than those concerned in the case are parties, is in question, the Registrar shall notify all such States and persons forthwith.

3. Every State or person so notified has the right to intervene in the proceedings; but if the right is exercised, the construction given by the judgment will be equally binding on all parties.

ARTICLE IX (i)
APPLICATION FOR INTERIM MEASURES

The Court shall have the power to indicate if it considers the circumstances so require, any interim measures that ought to be taken to preserve the rights of a Party.

ARTICLE IX (j)
REVISION OF JUDGMENTS OF THE COURT IN THE
EXERCISE OF ITS ORIGINAL JURISDICTION

1. An application for the revision of a judgment of the Court in the exercise of its original jurisdiction may be made only when it is based upon the discovery of some fact of such a nature as to be a decisive factor, which fact was, when the judgment was given, unknown to the Court and to the party claiming revision: provided always that such ignorance 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 in this Article shall affect the rights of third parties accrued since the delivery of the judgment mentioned in paragraph 1.

ARTICLE IX (k)
RULES OF COURT GOVERNING ORIGINAL JURISDICTION

The President shall, in consultation with five other Judges of the Court selected by him, establish rules for the exercise of the original jurisdiction of the Court.

ARTICLE IX (l)
JUDGMENT OF THE COURT TO CONSTITUTE STARE DECISIS

Judgments of the Court shall be legally binding precedents for parties in proceedings before the Court unless such judgments have been revised in accordance with Article IX (j).

ARTICLE IX (m)
ALTERNATIVE DISPUTE RESOLUTION

1. Each Contracting Party shall, to the maximum extent possible, encourage and facilitate the use of arbitration and other means of alternative dispute resolution for the settlement of international commercial disputes.

2. To this end, each Contracting Party shall provide appropriate procedures to ensure observance of agreements to arbitrate and for the recognition and enforcement of arbitral awards in such disputes.

ARTICLE IX (n)
LOCUS STANDI OF PRIVATE ENTITIES

Nationals of a Contracting Party 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; and

(b) the persons concerned have established that such persons have been prejudiced in respect of the enjoyment of the benefit mentioned in sub-paragraph (a) of this Article; and

(c) Contracting Party entitled to espouse the claim in proceedings before the Court has:

(i) omitted or declined to espouse the claim, or

(ii) expressly agreed that the persons concerned may espouse the claim instead of the Contracting Party so entitled; and

(d) the Court has found that the interest of justice requires that the persons be allowed to espouse the claim.

PART III
APPELLATE JURISDICTION OF THE COURT 

ARTICLE X
APPELLATE JURISDICTION OF THE COURT

1. In the exercise of its appellate jurisdiction, the Court is a superior Court of record with such jurisdiction and powers as are conferred on it by this Agreement or by the Constitution or any other law of a Contracting Party.

2. Appeals shall lie to the Court from decisions of the Court of Appeal of a Contracting Party as of right in the following cases:

(a) final decisions in civil proceedings where the matter in dispute on appeal to the Court is of the value of not less than twenty-five thousand dollars Eastern Caribbean currency (EC$25,000) or where the appeal involves directly or indirectly a claim or a question respecting property or a right of the aforesaid value;

(b) final decisions in proceedings for dissolution or nullity of marriage;

(c) final decisions in any civil or other proceedings which involve a question as to the interpretation of the Constitution of the Contracting Party; 

(d) final decisions given in the exercise of the jurisdiction conferred upon a superior court of a Contracting Party relating to redress for contravention of the provisions of the Constitution of a Contracting Party for the protection of fundamental rights;

(e) final decisions given in the exercise of the jurisdiction conferred on a superior court of a Contracting Party relating to the determination of any question for which a right of access to the superior court of a Contracting Party is expressly provided by its Constitution;

(f) such other cases as may be prescribed by any law of the Contracting Party.

3. An appeal shall lie to the Court with the leave of the Court of Appeal of a Contracting Party from the decisions of the Court of Appeal in the following cases:

(a) final decisions in any civil proceedings where, in the opinion of the Court of Appeal, the question involved in the appeal is one that by reason of its great general or public importance or otherwise, ought to be submitted to the Court; and

(b) such other cases as may be prescribed by any law of the Contracting Party.

4. An appeal shall lie to the Court with the special leave of the Court from any decision of the Court of Appeal of a Contracting Party in any civil or criminal matter.

5. Nothing in this Article shall apply to matters in relation to which the decision of the Court of Appeal of a Contracting Party is, at the time of the entry into force of the Agreement pursuant to the Constitution or any other law of that Party, declared to be final.

6. The Court shall, in relation to any appeal to it in any case, have all the jurisdiction and powers possessed in relation to that case by the Court of Appeal of the Contracting Party from which the appeal was brought.

7.

(1) The President shall in consultation with five other Judges of the Court selected by him, make Rules of Court for regulating the practice and procedure of the Court in exercise of the appellate jurisdiction conferred on the Court and, in relation to appeals brought before the Court, the practice and procedure of any court in respect of such appeals.

(2) Without prejudice to the generality of the preceding sub-paragraph, Rules of Court may be made for all or any of the following purposes -

(a) regulating the sittings of the Court, the selection of Judges for any purpose, and the period to be observed as a vacation in the Court and the transaction of business during any such vacation;

(b) regulating the pleading, practice, procedure, execution of the process of the Court and the duties of the officers of the Court;

(c) regulating matters relating to practice in the Court by Attorneys-at-Law or Legal Practitioners and the representation of persons concerned in any proceedings in the Court;

(d) prescribing the cases in which, and the conditions upon which an appellant in a criminal appeal to the Court shall be entitled to be present at the hearing of the appeal;

(e) providing for the summary determination of any appeal which appears to the Court to be frivolous or vexatious or to be brought for the purpose of delay;

(f) regulating matters relating to the costs and the taxation thereof, of proceedings in the Court;

(g) providing for the delivery of judgment in an expeditious manner;

(h) prescribing forms and fees in respect of proceedings in the Court;

(i) prescribing the time within which any requirement of the rules of Court is to be complied with;

(j) regulating or prescribing or doing any other thing which may be regulated, prescribed or done by rules of Court.

PART IV
ENFORCEMENT, FINANCIAL AND FINAL PROVISIONS 

ARTICLE XI
ENFORCEMENT OF ORDERS OF THE COURT

The Contracting Parties agree to take all the necessary steps, including the enactment of legislation to ensure that:

(a) all authorities of a Contracting Party act in aid of the Court and that any judgment, decree, order or sentence of the Court given in exercise of its jurisdiction shall be enforced by all courts and authorities in any territory of the Contracting Parties as if it were a judgment, decree, order or sentence of a superior court of that Contracting Party;

(b) the Court has power to make any order for the purpose of securing the attendance of any person, the discovery or production of any document, or the investigation or punishment of any contempt of court that any superior court of a Contracting Party has power to make as respects the area within its jurisdiction.

ARTICLE XII
OFFICIALS AND EMPLOYEES OF THE COURT

1. There shall be a Registrar of the Court, Deputy Registrars and other officials and employees of the Court as the Commission may consider necessary. The holders of those offices shall be paid such salaries and allowances and shall have such other terms and conditions of service as may, from time to time, be determined by the Commission. 

2. With the concurrence of the competent authority of a Contracting Party, the Commission may appoint the Registrar of a superior court in the territory of that Contracting Party to be a Deputy Registrar of the Court.

3. The Commission may, by directions in writing and subject to such condition as it thinks fit, delegate any of its powers under paragraph 1 to any one or more of its members or to the Registrar of the Court.

4. For the purposes of paragraph 2 of this Article, "competent authority" means the authority vested with power to make appointments to the office of Registrar of a superior court and to exercise disciplinary control over persons holding or acting in that office.

ARTICLE XIII
FINANCIAL PROVISIONS

1. The expenses of the Court and of the Commission, including the cost of the maintenance of the seat of the Court and the remuneration and allowances and other payments referred to in Article XII and this Article, shall be borne by the Contracting Parties in such proportions as may be agreed by the Contracting Parties. The monies required to be paid by a Contracting Party shall be charged by law on the Consolidated Fund or public revenues of that Contracting Party.

2.

(1) Subject to this Agreement and with the approval of the Conference, the Commission shall determine the terms and conditions and other benefits of the President and other Judges of the Court.

(2) The salaries and allowances referred to in sub-paragraph 1 shall be set out in Appendix II to this Agreement.

(3) Notwithstanding the provisions of Article XVI, the Commission may, with the approval of the Conference, make regulations to amend Appendix II.

3. The salaries and allowances payable to the President and the other Judges of the Court and their other terms and conditions of service shall not be altered to their disadvantage during their tenure of office. For the purposes of this paragraph, in so far as the terms and conditions of service of any Judge of the Court depend upon the option of that Judge, the terms for which that Judge opts shall be taken to be more advantageous to that Judge than any other terms and conditions for which the Judge might have opted.

4. There shall be paid to members of the Commission, other than the Chairman, the actual travelling expenses and subsistence allowance at such rate per day as the Heads of Government may, from time to time, decide for the purpose of performing official duties as a member of the Commission.

ARTICLE XIV
RIGHT OF AUDIENCE

Attorneys-at-Law or Legal Practitioners duly admitted to practise law in the courts of a Contracting Party shall, subject to the powers of the Court, 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.

ARTICLE XV
PRIVILEGES AND IMMUNITIES

The privileges and immunities to be recognised and granted by the Contracting Parties to the Judges and officers of the Court necessary to protect their independence and impartiality shall be laid down in a Protocol to this Agreement.

ARTICLE XV (bis)
REGULATIONS

The Commission may make Regulations -

(a) governing the appointment, discipline, termination of employment and other terms and conditions of service and employment for -

(i) Judges, other than the President; and

(ii) officials and employees of the Court;

(b) prescribing the procedure governing the conduct of disciplinary proceedings;

(c) generally giving effect to this Agreement.

ARTICLE XVI
AMENDMENT

1. This Agreement may be amended by the Contracting Parties.

2. Every amendment shall be subject to ratification by the Contracting Parties in accordance with their respective constitutional procedures and shall enter into force one month after the date on which the last Instrument of ratification or accession is deposited with the Secretary-General (hereinafter in this Agreement referred to as "the Depositary").

ARTICLE XVII
SIGNATURE

This Agreement is open for signature by any of the States or countries referred to in Article II.

ARTICLE XVIII
RATIFICATION

This Agreement shall be subject to ratification by the signatory countries in accordance with their respective constitutional procedures. Instruments of ratification shall be deposited with the Depositary who shall transmit certified copies to the Government of each Contracting Party.

ARTICLE XIX
ENTRY INTO FORCE

This Agreement shall enter into force upon the deposit of Instruments of Ratification or Accession in accordance with Article XVIII, by at least three Member States of the Caribbean Community.

ARTICLE XIX (bis)
ACCESSION

1. Any country to which paragraph (b) of Article II applies may accede to this Agreement and become a Contracting Party on such terms and conditions as the Conference may decide.

2. Instruments of Accession shall be deposited with the Depositary.

ARTICLE XX
WITHDRAWAL

1. A Contracting Party may withdraw from this Agreement by giving three years' notice in writing to the Depositary who shall promptly notify the other Contracting Parties accordingly and the withdrawal shall take effect thirty-six months after the date on which the notice has been received by the Depositary, unless the Contracting Party before the withdrawal becomes effective notifies the Depositary in writing of the cancellation of its notice of withdrawal.

2. A Contracting Party that withdraws from this Agreement undertakes to honour any financial or other obligations duly assumed as a Contracting Party; this includes any matter relating to an appeal filed before withdrawal becomes effective.

ARTICLE XXI
IMPLEMENTATION

The Contracting Parties shall take all necessary action, whether of a legislative, executive or administrative nature ,for the purpose of giving effect to this Agreement. Such action shall be taken as expeditiously as possible, and the Secretary-General shall be informed accordingly.

ARTICLE XXII
RESERVATIONS

A reservation may be entered to Article X of this Agreement with the consent of the Contracting Parties.

IN WITNESS WHEREOF the undersigned duly authorised in that behalf by their respective Governments have executed this Protocol.

DONE at __________________________ on the___________________day 

of_______________________1999.

Signed by 
for the Government of Antigua and Barbuda on the day of 1999 
at

Signed by
for the Government of Barbados on the day of 1999 
at

Signed by
for the Government of Belize on the day of 1999 
at

Signed by
for the Government of the Commonwealth of Dominica on the
day of 1999 at

Signed by
for the Government of Grenada on the day of 1999 
at

Signed by
for the Government of the Co-operative Republic of Guyana on the
day of 1999 at

Signed by
for the Government of Jamaica on the day of 1999 
at

Signed by
for the Government of Montserrat on the day of 1999 
at

Signed by
for the Government of St. Kitts and Nevis on the day of 1999 
at

Signed by
for the Government of Saint Lucia on the day of 1999 
at

Signed by
for the Government of St. Vincent and the Grenadines on the day of
1999 at

Signed by
for the Government of The Republic of Suriname on the day of 
1999 at

Signed by
for the Government of The Republic of Trinidad and Tobago on the
day of 1999 at

DECLARATION

The representatives of the under-mentioned Governments hereby declare their intention to apply provisionally the provisions of Protocol VII:

Signed by
for the Government of Antigua and Barbuda on the day of 1999 
at

Signed by
for the Government of Barbados on the day of 1999 at

Signed by
for the Government of Belize on the day of 1999 at

Signed by
for the Government of The Commonwealth of Dominica on the day of
1999 at

Signed by
for the Government of Grenada on the day of 1999 
at

Signed by
for the Government of the Co-operative Republic of Guyana on the
day of 1999 at

Signed by
for the Government of Jamaica on the day of 1999
at

Signed by
for the Government of Montserrat on the day of 1999 at

Signed by
for the Government of St. Kitts and Nevis on the day of 1999 at


Signed by
for the Government of Saint Lucia on the day of 1999 at

Signed by
for the Government of St. Vincent and the Grenadines on the day of 1999 at

Signed by
for the Government of The Republic of Suriname on the day of 1999 at

Signed by
for the Government of The Republic of Trinidad and Tobago on the day of 1999 at

APPENDIX I

I .. do hereby swear (or solemnly affirm) that I will faithfully exercise the office of President/Judge of the Caribbean Court of Justice without fear or favour, affection or ill-will.

(so help me God (to be omitted in affirmation)).

APPENDIX II
Annual Salary

1.

(a) The President of the Court - [ EC$ ]

(b) Any other Judge of the Court - [ EC$ ]

2. Judges of the Court shall be paid superannuation benefits in respect of their service as Judge of the Court as follows -

(i) less than 5 years' service - a gratuity of 20 per cent of the Judge's pensionable emoluments at the time of retirement for every year of service;

(ii) 5 to 10 years' service - a monthly pension equivalent to two-thirds of the Judge's monthly pensionable emoluments at the time of retirement.

(iii) more than 10 years' service - a monthly pension equivalent to the Judge's monthly pensionable emoluments at the time of retirement.

3. Every Judge of the Court shall be paid a monthly allowance for housing to be determined by the Heads of Government of the Contracting Parties in respect of the Judge's occupation of a fully furnished residence. 

Every Judge shall be paid a monthly allowance to be determined by the Heads of Government of the Contracting Parties to meet the expenses incurred by the Judge in respect of the employment of a chauffeur.

Every Judge shall be paid a travelling allowance to be determined by the Heads of Government of the Contracting Parties in respect of the use by the Judge of a motor car owned by the Judge on official duty, subject to the conditions of payment as determined by the Heads of Government of the Contracting Parties.

Every Judge of the Court shall be provided with telephone services at the Judge's residence, without charge, except for unofficial overseas telephone calls.

Every Judge of the Court shall be paid a subsistence allowance to be determined by the Heads of Government of the Contracting Parties for each day on which the Judge is on official duty in the territory of a Contracting Party other than that of the seat of the Court.