Chapter 003:07 - Caribbean Court of Justice (Guyana)

Chapter 003:07 - Caribbean Court of Justice

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Unlimited Searches
Weekly Updates on New Laws
Access to 5,345,848 Global Laws from 110 Countries
View the Original Law Side-by-Side with the Translation

Subscribe Now for only USD$40 per month.

L.R.O. 1/2012
LAWS OF GUYANA
CARIBBEAN COURT OF JUSTICE ACT
CHAPTER 3:07
Act
16 of 2004
Current Authorised Pages
Pages
(inclusive)
Authorised
by L.R.O.
1 – 55 ... 1/2012
LAWS OF GUYANA
2 Cap. 3:07 Caribbean Court of Justice
L.R.O. 1/2012
Index
of
Subsidiary Legislation
This Chapter contains no subsidiary legislation.

LAWS OF GUYANA
Caribbean Court of Justice Cap. 3:07 3
L.R.O. 1/2012
CHAPTER 3:07
CARIBBEAN COURT OF JUSTICE ACT
ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
PART I
2. Interpretation.
3. Agreement and Rules of Court to have force of law.
PART II
JURISDICTION OF THE COURT
4. Jurisdiction of the Court.
5. Original Jurisdiction of the Court.
6. Appeal as of right.
7. Appeal with leave.
8. Appeal with special leave.
9. Divisions of the Court.
10. Deliberation and decisions of the Court.
11. Powers of the Court.
12. Revision of judgment.
PART III
APPEALS
13. Grant of leave to appeal.
14. Execution or stay of execution.
15. Preparation of record.
16. Judges’ reasons.
17. Taxation of costs of appeal.
18. Enforcement of judgment or order of Court.

LAWS OF GUYANA
4 Cap. 3:07 Caribbean Court of Justice
L.R.O. 1/2012
SECTION
PART IV
FINANCIAL AND ADMINISTRATIVE PROVISIONS
19. Payment from Consolidated Fund.
20. Appointment of Registrar as Deputy Registrar.
21. Right of audience.
22. Binding precedents.
23. Regional Judicial and Legal Services Commission.
24. Responsibility of Commission.
25. Rules of Court.
26. Construction of all laws, including the Constitution; amendment of
laws.
SCHEDULE
__________________________
CHAPTER 3:07
CARIBBEAN COURT OF JUSTICE ACT
16 of 2004 An Act to implement the Agreement Establishing the
Caribbean Court of Justice and to provide for other
related matters.
[30TH NOVEMBER, 2004]
Short title.
Interpretation.
1. This Act may be cited as the Caribbean Court of
Justice Act.
2. 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, the text
LAWS OF GUYANA
Caribbean Court of Justice Cap. 3:07 5
L.R.O. 1/2012
of which is set out in the Schedule;
“appeal” means an appeal to the Court;
“appellant” means the party appealing from a judgment;
“Commission” means the Regional Judicial and Legal
Services Commission e4stablished by Article V of the
Agreement;
“Contracting Party” means a Contracting Party within the
meaning of Article I of the Agreement;
“Court” means the Caribbean Court of Justice
established by the Agreement;
“Court of Appeal” means the Court of Appeal established
under Chapter XI of the Constitution;
“judgment” includes a conviction, decree, ruling,
sentence, order or decision;
“party” means any party to proceedings before the Court;
“record” means the documents relating to proceedings
before the Court, including the pleadings, evidence,
judgments and exhibits required by this Act to be
filed or laid before the Court;
“relevant judgment” means the judgment which is the
subject of an appeal;
“Rules of Court” means the Rules of Court made pursuant
to Article XXI(1) and Article XXV(7) of the
Agreement;
“Treaty” means the Revised Treaty of Chaguaramas
Establishing the Caribbean Community including the
LAWS OF GUYANA
6 Cap. 3:07 Caribbean Court of Justice
L.R.O. 1/2012

Agreement and
Rules to have
force of law.

Jurisdiction of
the Court.

Original
Jurisdiction of
the Court.

CARICOM Single Market and Economy that was
signed in Nassau, The Bahamas, on the 5th day of
July 2001.
3. The Agreement and the Rules of Court made
thereunder shall have the force of law.
PART II
JURISDICTION OF THE COURT
4. (1) The Court shall have –
(a) original jurisdiction provided for in
this Act as is conferred on it in
accordance with Part II of the
Agreement; and
(b) appellate jurisdiction provided for in
this Act as is conferred on it in
accordance with the provisions of Part
III of the Agreement.
(2) The decisions of the Court shall, subject to sections
9(5), 11(5) and 12, be final.
(3) Nothing in this Act shall confer jurisdiction on the
Court to hear matters in relation to any decision of the Court
of Appeal which at the time of entry into force of this Act was
declared to be final by any law.
5. (1) The Court in the exercise of its original
jurisdiction shall have exclusive jurisdiction to -
(a) hear and deliver judgments on –

LAWS OF GUYANA
Caribbean Court of Justice Cap. 3:07 7
L.R.O. 1/2012
c.89:01
(i) disputes between Contracting
Parties;
(ii) disputes between Contracting
Parties and the Caribbean
Community;
(iii) referrals from national courts of
Contracting Parties; and
(iv) applications by nationals in
accordance with subsection (2)
concerning the interruption and
application of the Treaty; and
(b) at the request of a Contracting
Party or the Caribbean
Community, deliver advisory
opinions.
(2) Persons –
(a) who are citizens, permanent residents
or residents of Guyana; and
(b) who are incorporated or registered
under the Companies Act,
may, with the special leave of the Court, be allowed to appear
as parties in proceedings before the Court where –
(i) 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
LAWS OF GUYANA
8 Cap. 3:07 Caribbean Court of Justice
L.R.O. 1/2012
such persons directly;
(ii) the persons concerned have
established that they have
been prejudiced in respect of
the enjoyment of the
benefit mentioned in sub-
paragraph (i);
(iii) the State being entitled to
espouse the claim in
proceedings before the Court
has –
(A) omitted or declined to
espouse the claim; or
(B) expressly agreed that the
persons concerned may
espouse the claim instead of the
State; and
(iv) the Court has found that the
interest of justice requires that
the persons be allowed to
espouse the claim.
(3) The Court, in exercising its original jurisdiction,
shall apply such rules of international law as may be
applicable.
(4) Matters 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 the Rules of
Court.
(5) For the purpose of subsection (1) “national courts”
means the Supreme Courts of the Member States of the
Caribbean Community and includes the Eastern Caribbean
Supreme Court.
LAWS OF GUYANA
Caribbean Court of Justice Cap. 3:07 9
L.R.O. 1/2012

Appeal as of
right.
Appeal with
leave.
6. An appeal shall lie to the Court from decisions of
the Court of Appeal as of right –
(a) in civil proceedings where the matter in
dispute on appeal to the Court is of the
value of not less than one million dollars or
where the appeal involves directly or
indirectly a claim or a question respecting
property or a right of the aforesaid value;
(b) in proceedings for the dissolution or
nullification of marriage;
(c) in any civil or criminal proceedings which
involve a question as to the interpretation of
the Constitution;
(d) in any proceedings that are concerned with
the exercise of the jurisdiction conferred
upon the High Court relating to redress for
the contravention of the provisions of the
Constitution for the protection of
fundamental rights; and
(e) in respect of any other matter as may be
prescribed by law.
7. An appeal shall lie to the Court, with the leave of
the Court of Appeal, from a decision of the Court of Appeal –
(a) in any civil proceedings where, in the
opinion of the Court of Appeal, the question
is one that by reason of its great general or
public importance or otherwise, ought to be
submitted to the Court; and

LAWS OF GUYANA
10 Cap. 3:07 Caribbean Court of Justice
L.R.O. 1/2012

Appeal with
special leave.
Divisions of
the Court.

Deliberation
and decisions
of the Court.
(b) in such other cases as may be prescribed by
any law.
8. Subject to section 7, an appeal shall lie to the Court
with the special leave of the Court from any decision of the
Court of Appeal from any civil or criminal matter.
9. (1) The Court shall be duly constituted as set out in
this section and may sit in such number of divisions as may
be directed by the President but every judge of the Court may
sit in any division.
(2) The President may appoint one or more judges
to determine interlocutory matters.
(3) Subject to subsection (4), the Court, in the
exercise of its original jurisdiction, shall be constituted by
not less than three judges and in every case the number of
judges shall be an uneven number.
(4) The original jurisdiction of the Court may be
exercised by a sole judge appointed by the Chairman.
(5) The decision of a sole judge exercising
jurisdiction under subsection (4) may, on the application of an
aggrieved party, be reviewed by a panel comprising not more
than five judges.
(6) The President shall take precedence over all
other judges of the Court and the seniority of the other
judges of the Court shall be determined in accordance
with the dates of their appointment.
10. (1) The deliberations of the Court shall be
under the authority and control of a Chairman, who shall
be the most senior of the judges appointed by the
President.
LAWS OF GUYANA
Caribbean Court of Justice Cap. 3:07 11
L.R.O. 1/2012
Powers of the
Court.
(2) The determination of any question before the
Court shall be according to the opinion of the majority of the
judges of the Court hearing the case.
(3) The Court may not bring a finding of a non
liquet on the ground of silence or obscurity of the law.
(4) The provisions of subsection (2) shall not
prejudice the power of the Court to decide a dispute ex aequo
et bono if the parties so agree.
11. (1) Where a Member State, the Community, or a
person considers 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 the Court shall decide whether to
allow the application.
(2) The Court shall have the power to prescribe
any interim measure to preserve the right of a Party if it
considers the circumstances of the case so require.
(3) The Court shall have the same power as the
Supreme Court to make any order for –
(a) the purpose of securing the
attendance of any person;
(b) the discovery or production of any
document; or
(c) the investigation or punishment of
any contempt of court.
(4) A judge of the Court may exercise all of the
powers and functions of a superior court judge of the
LAWS OF GUYANA
12 Cap. 3:07 Caribbean Court of Justice
L.R.O. 1/2012
Revision of
judgment.
Supreme Court.
(5) Without affecting subsection (1), any judgment
of a judge under this section may be varied, discharged or re
versed by the Court consisting of five judges.
(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.
12. (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;
(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 may be made within
LAWS OF GUYANA
Caribbean Court of Justice Cap. 3:07 13
L.R.O. 1/2012
Grant of leave
to appeal.
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 section shall affect the rights of
third parties that have accrued since the delivery of the
judgment mentioned in subsection (1).
PART III
APPEALS
13. (1) The Court of Appeal may grant leave to
appeal to an applicant in accordance with this section.
(2) Leave to appeal –
(a) shall be granted to an applicant
upon condition that the applicant,
within a period to be fixed by the
Court of Appeal or the Court, but
not exceeding ninety days from the
date of the hearing of the
application for leave to appeal,
enters into good and sufficient
security, to the satisfaction of the
Court of Appeal for the due
prosecution of the appeal, and the
payment of all such costs as may
become payable to the respondent in
the event of –
(i) the appellant not obtaining an
order granting final leave to
appeal;

LAWS OF GUYANA
14 Cap. 3:07 Caribbean Court of Justice
L.R.O. 1/2012

Execution or
stay of
execution.
Preparation of
record.
(ii) the appeal being dismissed for
non-prosecution; or
(iii) the Court ordering the
appellant to pay the
respondent’s costs of the
appeal; and
(b) may be granted to an applicant upon
such other conditions as the Court of
Appeal, having regard to all the
circumstances of the case, may
consider reasonable.
14. (1) Where the judgment, in respect of which an
application to appeal is made, requires the appellant to make
a payment or perform a duty, the Court of Appeal may, when
granting leave to appeal, direct that the judgment or any part
thereof be executed or that the execution be suspended
pending the appeal, as the Court of Appeal thinks just.
(2) Where the Court of Appeal directs that the
judgment referred to in subsection (1) be executed, the
person in whose favour the judgment is given shall, before
the execution thereof, enter into good and sufficient security,
to the satisfaction of the Court of Appeal for the due
performance of such order as the Court shall think fit to
make.
15. (1) A person who wishes to appeal a decision shall
give notice of appeal to the Court of Appeal in accordance
with the Rules of the Supreme Court, and the Court of Appeal
shall cause the preparation of the record and shall supervise
such preparation.
(2) The parties to an action may submit any
question arising in connection with the preparation of the
LAWS OF GUYANA
Caribbean Court of Justice Cap. 3:07 15
L.R.O. 1/2012
Judges’
reasons.
Taxation of
costs of appeal.

Enforcement of
judgment or
order of court.
Payment from
Consolidated
Fund.
Appointment
of Registrar as
Deputy
Registrar.
record for the decision of the Court of Appeal and the Court
of Appeal shall give such directions thereon as the justice of
the case may require.
16. The reasons given by the judge, or any of the
judges, for or against any judgment pronounced in the course
of the proceedings out of which the appeal arises shall be
incorporated in the record.
17. (1) Where the Court directs a party to bear the
costs of an appeal, such costs shall be taxed by the proper
officer of the Court of Appeal in accordance with the rules for
the time being regulating taxation in the Court of Appeal.
(2) In any proceedings to which the State is a party,
costs adjudged to the State shall not be disallowed or
reduced on taxation merely because the proceedings are
conducted on behalf of the State.
18. Any judgment or order of the Court made in
respect of a matter which is the subject of an appeal shall be
enforced in like manner as any judgment of the Supreme
Court.
PART IV
FINANCIAL AND ADMINISTRATIVE PROVISIONS
19. Assessed contributions payable by a Contracting
Party in respect of the Court and the Commission pursuant to
Article XXVIII of the Agreement shall be charged on and paid
from the Consolidated Fund.
20. (1) The Registrar of the Supreme Court shall be a
Deputy Registrar of the Court.
(2) The Registry of the Supreme Court shall be
LAWS OF GUYANA
16 Cap. 3:07 Caribbean Court of Justice
L.R.O. 1/2012
Right of
audience.

Binding
precedents.
Regional
Judicial and
Legal Services
Commission.

Responsibility
of
Commission.
designated a Sub-Registry of the Court pursuant to the Rules
of Court.
21. Attorneys-at-law, duly admitted to practise law in
Guyana, 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.
22. Judgments of the Court shall be legally binding
precedents for parties in proceedings before the Court.
23. (1) The Commission shall possess full juridical
personality including, in particular, full capacity to contract.
(2) The Commission shall consist of the persons
who shall be appointed in the manner and for the periods set
out in paragraphs 1 to 7 of Article V and paragraph 2 of
Article VI of the Agreement.
24. (1) The Commission shall have responsibility for –
(a) making appointments to the office of
judge of the Court other than that of
President;
(b) appointing those officials and
employees referred to in Article
XXVII and for determining the
salaries and allowances to be paid to
such officials and employees;
(c) the determination of the terms and
conditions of service of officials and
employees; and

LAWS OF GUYANA
Caribbean Court of Justice Cap. 3:07 17
L.R.O. 1/2012

Rules of
Court .
(d) the termination of appointments
in accordance with the provisions
of this Agreement.
(2) The Commission may, by directions in
writing and subject to such conditions as it thinks fit,
delegate any of its powers under subsection 1(b) and (c) to
any one or more of its members or to the Registrar.
(3) The Commission shall, in accordance with the
Regulations, exercise disciplinary control over judges of the
Court, other than the President, and over officials and
employees of the Court.
(4) The proceedings of the Commission shall not
be inquired into by any court of law or tribunal.
25. (1) The President shall, in consultation with five
other judges of the Court selected by him, establish Rules of
Court for the exercise of the original and appellate
jurisdictions of the Court.
(2) Without prejudice to the generality of the
subsection (1), Rules of Court may, in respect of the original
jurisdiction of the Court, be made for –
(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;
LAWS OF GUYANA
18 Cap. 3:07 Caribbean Court of Justice
L.R.O. 1/2012
(c) regulating matters relating to practice
in the Court by Attorneys-at-law, and
the representation of persons
concerned in any proceedings in the
Court;
(d) providing the summary determination of any matter which
appears to the Court to be frivolous or
vexatious or to be brought for the
purpose of delay;
(e) regulating matters relating to the costs
and the taxation thereof, respecting
proceedings in the Court;
(f) providing for the delivery of
judgments in an expeditious
manner;
(g) prescribing forms and fees in
respect of proceedings in the Court;
(h) prescribing the time within which any
requirement of the Rules of Court is to
be complied with;
(i) providing for the securing of the
attendance of any person at the Court;
(j) providing for the discovery or
production of any document;
(k) regulating, prescribing or doing any
other thing which may be regulated,
prescribed or done by Rules of Court.
LAWS OF GUYANA
Caribbean Court of Justice Cap. 3:07 19
L.R.O. 1/2012
(3) Without prejudice to the generality of
subsection (1)Rules of Court may, in respect of the appellate
jurisdiction of the court, be made for –
(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 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
vexations or to be brought for the
purpose of delay;
(f) regulating matters relating to the costs
and the taxation thereof, of
LAWS OF GUYANA
20 Cap. 3:07 Caribbean Court of Justice
L.R.O. 1/2012
Construction of
all laws,
including the
Constitution;
amendment of
laws.
proceedings in the Court;
(g) providing for the delivery of
judgements 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.
26. (1) Under article 123 of the Constitution and this
Act, the Caribbean Court of Justice being the final court of
appeal for Guyana, all laws, including the Constitution in
force in Guyana or otherwise having effect as part of the laws
of Guyana immediately before the commencement of this Act,
shall thereafter be construed and have effect with such
modifications, adaptations, qualifications and exceptions as
may be necessary to bring them into conformity with this Act.
(2) The President may by order, which shall be
subject to affirmative resolution of the National Assembly
made at any time before 31st December, 2006, make such
amendments to any existing law, other than the Constitution,
as may appear to the President to be necessary or expedient
for bringing that law into conformity with this Act or
otherwise for giving effect or enabling effect to be given to it.
__________

LAWS OF GUYANA
Caribbean Court of Justice Cap. 3:07 21
L.R.O. 1/2012
SCHEDULE

AGREEMENT ESTABLISHING THE CARIBBEAN
COURT OF JUSTICE
THE CONTRACTING PARTIES,
CONVINCED that the Caribbean Court of
Justice,(hereinafter referred to as “the Court”), will have a
determinative role in the further development of Caribbean
jurisprudence through the judicial process;
CONVINCED ALSO of the desirability of
entrenching the Court in their national Constitutions;
AWARE that the establishment of the Court is a
further step in the deepening of the regional integration
process;
RECOGNISING the sovereignty of Members of
the Caribbean Community;
HEREBY AGREE as follows:
ARTICLE 1
USE OF TERMS
In this Agreement, unless the context otherwise requires:
“Commission” means the Regional Judicial and Legal
Services Commission established by Article V;
“Conference” means the Conference of Heads of Government
of Member States of the Caribbean Community;
“Contracting Party” means an entity referred to in Article II
LAWS OF GUYANA
22 Cap. 3:07 Caribbean Court of Justice
L.R.O. 1/2012
which has satisfied the requirements of membership
and in relation to which this Agreement is in force;
“Heads of Government” means the Heads of Government of
the Contracting Parties;
“President” means the President of the Court;
“Secretary-General” means the Secretary-General of the
Caribbean Community;
“Treaty” means the Treaty establishing the Caribbean
Community signed at Chaguaramas on 4 July 1973
and any amendments thereto which take effect either
provisionally or definitively.
PART I
MEMBERSHIP, ESTABLISHMENT OF THE COURT, THE
COMMISSION AND RELATED MATTERS
ARTICLE II
MEMBERSHIP
This Agreement shall be open to –
(a) Member States of the Caribbean
Community;
(b) any other Caribbean country which is
LAWS OF GUYANA
Caribbean Court of Justice Cap. 3:07 23
L.R.O. 1/2012
invited by the Conference to become a Party
to this Agreement.
ARTICLE III
ESTABLISHMENT AND SEAT OF THE CARIBBEAN
COURT OF JUSTICE
1. The Court is hereby established with:
(a) original jurisdiction in accordance with the
provisions of Part II, and
(b) appellate jurisdiction in accordance with the
provisions of Part III.
2. The decisions of the Court shall be final.
3. The Seat of the Court shall be in the territory of a
Contracting Party as determined by a qualified majority
of the Contracting Parties but, as circumstances warrant,
the Court may sit in the territory of any other Contracting
Party.
4. The Government of the Contracting Party in whose
territory the Seat of the Court is situated shall provide
suitable accommodation for the Seat of the Court and the
offices of the Commission and shall conclude with the Court
and the Commission an Agreement relating to the Seat of
the Court and the offices of the Commission.
5. The Court shall have and use, as occasion may
require, a seal having a device or impression with the
inscription “The Caribbean Court of Justice”.

LAWS OF GUYANA
24 Cap. 3:07 Caribbean Court of Justice
L.R.O. 1/2012
ARTICLE IV
CONSTITUTION OF THE COURT
1. Subject to paragraph 2 of this Article, the Judges of
the Court shall be the President and not more than nine
other Judges of whom at least three shall possess expertise
in international law including international trade law.
2. The number of Judges, excluding the President,
may be increased by the Heads of Government, upon the
recommendation of the Commission.
3. The Court shall be duly constituted as set out in
Parts II and III and may sit in such number of divisions as
may be directed by the President but every Judge of the
Court may sit in any division.
4. The determination of any question before the Court
shall be according to the opinion of the majority of the
Judges of the Court hearing the case.
5. Notwithstanding the provisions of this Article, the
President may appoint one or more judges to determine
interlocutory matters.
6. The President shall be appointed or removed by the
qualified majority vote of three-quarters of the Contracting
Parties on the recommendation of the Commission
.
7. The Judges of the Court, other than the President,
shall be appointed or removed by a majority vote of all of
the members of the Commission.
8. The President shall take precedence over all other
Judges of the Court and the seniority of the other Judges of
the Court shall be determined in accordance with the dates
of their appointment.
LAWS OF GUYANA
Caribbean Court of Justice Cap. 3:07 25
L.R.O. 1/2012
9. The appointment of the President shall be signified
by letter under the hand of the Chairman for the time being
of the Conference acting on the advice of the Heads of
Government and the appointment of any other Judge of the
Court shall be signified by letter under the hand of the
Chairman of the Commission.
10. A person shall not be qualified to be appointed to
hold or to act in the office of Judge of the Court, unless that
person satisfies the criteria mentioned in paragraph 11 and -
(a) is or has been for a period or periods
amounting in the aggregate to not less
than five years, a Judge of a court of
unlimited jurisdiction in civil and
criminal matters in the territory of a
Contracting Party or in some part of
the Commonwealth, or in a State
exercising civil law jurisprudence
common to Contracting Parties, or a
court having jurisdiction in appeals
from any such court and who, in the
opinion of the Commission has
distinguished himself or herself in
that office; or
(b) is or has been engaged in the practice
or teaching of law for a period or
periods amounting in the aggregate to
not less than fifteen years in a
Member State of the Caribbean
Community or in a Contracting Party
or in some part of the
Commonwealth, or in a State
exercising civil law jurisprudence
common to Contracting parties, and
LAWS OF GUYANA
26 Cap. 3:07 Caribbean Court of Justice
L.R.O. 1/2012
has distinguished himself or herself in
the legal profession.
11. In making appointments to the office of Judge,
regard shall be had to the following criteria: high moral
character, intellectual and analytical ability, sound judgment,
integrity, and understanding of people and society.
12. The Commission may, prior to appointing a Judge
of the Court, consult with associations representative of the
legal profession and with other bodies and individuals that it
considers appropriate in selecting a Judge of the Court.
ARTICLE V
ESTABLISHMENT OF THE REGIONAL JUDICIAL
AND LEGAL SERVICES COMMISSION
1. There is hereby established a Regional Judicial and
Legal Services Commission which shall consist of the
following persons:
(a) the President who shall be the
Chairman of the Commission;
(b) two persons nominated jointly by the
Organisation of the Commonwealth
Caribbean Bar Association (OCCBA)
and the Organisation of Eastern
Caribbean States (OECS) Bar
Association;
(c) one chairman of the Judicial
Services Commission of a
Contracting Party selected in
rotation in the English alphabetical
order for a period of three years;
LAWS OF GUYANA
Caribbean Court of Justice Cap. 3:07 27
L.R.O. 1/2012
(d) the Chairman of a Public Service
Commission of a Contracting Party
selected in rotation in the reverse
English alphabetical order for a
period of three years;
(e) two persons from civil society
nominated jointly by the Secretary-
General of the Community and the
Director General of the OECS for a
period of three years following
consultations with regional non-
governmental organisations;
(f) two distinguished jurists nominated
jointly by the Dean of the Faculty of
Law of the University of the West
Indies, the Deans of the Faculties of
Law of any of the Contracting Parties
and the Chairman of the Council of
Legal Education; and
(g) two persons nominated jointly by the
Bar or Law Associations of the
Contracting Parties.
2. Where any person or body required to nominate a
candidate for appointment to the Regional Judicial and
Legal Services Commission in accordance with paragraph 1,
fails to make such nomination within thirty (30) days of a
written request in that behalf, the nomination shall be made
jointly by the heads of the judiciaries of the Contracting
Parties.
3. (1) The Commission shall have responsibility for:

LAWS OF GUYANA
28 Cap. 3:07 Caribbean Court of Justice
L.R.O. 1/2012
(a) making appointments to the office of
Judge of the Court, other than that of
President;
(b) making appointments of those
officials and employees referred to in
Article XXVII and for determining the
salaries and allowances to be paid to
such officials and employees;
(c) the determination of the terms and
conditions of service of officials and
employees; and
(d) the termination of appointments in
accordance with the provisions of
this Agreement.
(2) The Commission shall, in accordance with the
Regulations, exercise disciplinary control over Judges of the
Court, other than the President, and over officials and
employees of the Court.
4. The term of office of members of the Commission,
other than the Chairman shall be three years, but such
members shall be eligible for re- appointment for another
term of office.
5. The members of the Commission referred to in
paragraph 1(b), (c), (d), (f) and (g) shall be appointed by letter
under the hand of the President.
6. If the office of a member of the Commission, other
than the Chairman is vacant or the holder thereof is unable to
perform the functions of his office, a person may be
appointed to perform the functions of that office for the
unexpired term of the holder of the office or until the holder
resumes office.
LAWS OF GUYANA
Caribbean Court of Justice Cap. 3:07 29
L.R.O. 1/2012
7. Subject to paragraph 13 of this Article, the
Commission shall not be:
(a) disqualified from the transaction of business
by reason of any vacancy in its membership
and its proceedings shall not be invalidated
by the presence or participation of any
person not entitled to be present or to
participate in those proceedings;
(b) disqualified from the transaction of business
nor its proceedings invalidated by reason of
the non-receipt by a member of the
Commission, of a notice for a meeting of the
Commission.
8. The Commission may, by directions in writing and
subject to such conditions as it thinks fit, delegate any of its
powers under paragraph 3(1)(b) and (c) of this Article to any
one or more of its members or to the Registrar.
9. A member of the Commission, other than the
Chairman may, by writing under the hand of that member,
addressed to the Chairman of the Commission, resign from
the Commission.
10. The Commission shall, no later than 31 March in
every year, submit to the Heads of Government, an Annual
Report of its work and operations during the previous year.
11. The Registrar of the Court shall perform the
functions of Secretary of the Commission and shall be the
chief administrative officer of the Commission.
12. In the exercise of their functions under this
Agreement, the members of the Commission shall neither
LAWS OF GUYANA
30 Cap. 3:07 Caribbean Court of Justice
L.R.O. 1/2012
seek nor receive instructions from any body or person
external to the Commission.
13. A quorum for the transaction of business by the
Commission shall consist of not less than six members of the
Commission including the Chairman or, where the Deputy
Chairman is presiding, the Deputy Chairman.
14. Subject to this Article, the Commission shall have
power to regulate its own procedure.
ARTICLE VI
THE FIRST APPOINTMENT OF THE PRESIDENT AND
MEMBERS OF THE COMMISSION
1. For the purposes of the first appointment of the
President and Commissioners and notwithstanding the
provisions of paragraph 6 of Article IV, the members of the
Commission appointed pursuant to the Agreement shall
make a recommendation for the appointment of the
President.
Notwithstanding the provisions of paragraphs 4 and 5
of Article V:
(a) the term of office of the members
of the Commission appointed in
accordance with paragraph 1 of this
Article shall be one year; and
(b) the members of the Commission
mentioned in sub-paragraph (a) of
this paragraph shall be appointed by
letter under the hand of the heads of
the judiciary of the Contracting
Parties.

LAWS OF GUYANA
Caribbean Court of Justice Cap. 3:07 31
L.R.O. 1/2012
ARTICLE VII
LEGAL STATUS OF THE COMMISSION
1. The Commission shall possess full juridical
personality including, in particular, full capacity to contract.
2. The privileges and immunities to be accorded the
Commission and its members in the territories of the
Contracting Parties shall be laid down in a Protocol to this
Agreement.
3. The Contracting Parties undertake to make
provision to ensure that the proceedings of the Commission
shall not be enquired into in any Court.
ARTICLE VIII
ACTING APPOINTMENTS
1. If the office of President is vacant, or if the
President is for any reason unable to perform the functions of
that office, then, until some other person has been appointed
to and has assumed the functions of that office or, as the case
may be, until the President has resumed those functions, they
shall be performed by the Judge of the Court who is most
senior according to the date of his appointment and he shall
be appointed by letter under the hand of the Chairman for the
time being of the Conference.
2. When none of the other Judges is senior by
appointment, the functions of President shall be performed by
such one of the other Judges of the Court appointed by letter.
3. An appointment referred to in paragraph 2
LAWS OF GUYANA
32 Cap. 3:07 Caribbean Court of Justice
L.R.O. 1/2012
shall be made in accordance with the advice of the
Heads of Government tendered after consultations with the
President and such other persons or bodies of persons as the
Heads of Government may think fit.
4. If one of the Judges of the Court is acting as the
President of the Court or if the office of a Judge of the Court,
other than the President, is vacant or if such a Judge is for any
reason unable to perform the functions of that office, then,
until some other person has been appointed to act and has
assumed the functions of that office or, as the case may be,
until the Judge has resumed those functions, they shall be
performed by a person qualified for appointment as a Judge
of the Court to be appointed by the Commission by letter
under the hand of the Chairman of the Commission.
5. The person appointed in accordance with
paragraph 4 shall continue to perform the functions of the
office until a person is appointed to the office and has
assumed the functions thereof or, as the case may be, until the
holder resumes office.
ARTICLE IX
TENURE OF OFFICE OF JUDGES
1. The office of a Judge of the Court shall not be
abolished while there is a substantive holder thereof.
2. Subject to the provisions of this Article, the
President shall hold office for a non-renewable term of seven
years or until he attains the age of seventy-two years,
whichever is earlier, except that the President shall continue
in office, if necessary, for a further period not exceeding three
months to enable him to deliver judgment or to do any other
thing in relation to any proceedings part-heard by him.

LAWS OF GUYANA
Caribbean Court of Justice Cap. 3:07 33
L.R.O. 1/2012
3. Subject to the provisions of this Article, a Judge of
the Court shall hold office until he attains the age of seventy-
two years, except that he shall continue in office, if necessary,
for a further period not exceeding three months to enable him
to deliver judgment or to do any other thing in relation to any
proceedings part- heard by him.
4. A Judge may be removed from office only for
inability to perform the functions of his office, whether
arising from illness or any other cause or for misbehaviour,
and shall not be so removed except in accordance with
the provisions of this Article.
5. (1) Subject to Article IV, paragraph 6, the President
shall be removed from office by the Heads of Government
on the recommendation of the Commission, if the question
of the removal of the President has been referred by the
Heads of Government to a tribunal and the tribunal has
advised the Commission that the President ought to be
removed from office for inability or misbehaviour referred to
in paragraph 4.
(2) Subject to Article IV, paragraph 7, a Judge other
than the President shall be removed from office by the
Commission if the question of the removal of the Judge has
been referred by the Commission to a tribunal; and the
tribunal has advised the Commission that the Judge ought to
be removed from office for inability or misbehaviour referred
to in paragraph 4.
6. If at least three Heads of Government in the case of
the President jointly represent to the other Heads of
Government, or if the Commission decides in the case of any
other Judge, that the question of removing the President or
the Judge from office ought to be investigated, then –
(a) the Heads of Government or the
LAWS OF GUYANA
34 Cap. 3:07 Caribbean Court of Justice
L.R.O. 1/2012
Commission shall appoint a tribunal which
shall consist of a chairman and not less than
two other members, selected by the Heads
of Government or the Commission, as the
case may be, after such consultations as may
be considered expedient, from among
persons who hold or have held office as a
Judge of a court of unlimited jurisdiction in
civil and criminal matters in some part of
the Commonwealth, or in a State exercising
civil law jurisprudence common to
Contracting Parties, or a court having
jurisdiction in appeals from any such court;
and
(b) the tribunal shall enquire into the matter
and advise the Heads of Government or the
Commission, as the case may be, whether or
not the President or the Judge ought to
be removed from office.
7. The provisions of any law relating to the holding of
commissions of inquiry in the Member State of the Caribbean
Community where the inquiry is held shall apply as nearly as
may be in relation to tribunals appointed under paragraph 6
of this Article or, as the context may require, to the members
thereof as they apply in relation to Commissions or
Commissioners appointed under that law.
8. If the question of removing the President or any
other Judge of the Court from office has been referred to a
tribunal under paragraph 6 of this Article, the Heads of
Government in the case of the President, or the Commission,
in the case of any other Judge of the Court, may suspend such
Judge from performing the functions of his office, and any
such suspension may at any time be revoked by the Heads of
Government or the Commission, as the case may be, and shall
LAWS OF GUYANA
Caribbean Court of Justice Cap. 3:07 35
L.R.O. 1/2012
in any case cease to have effect if the tribunal advises the
Heads of Government or the Commission that the Judge
ought not to be removed from office.
9. (1) The President may at any time resign the office
of President by writing under the hand of the President
addressed to the Chairman for the time being of the
Conference.
(2) Any other Judge of the Court may at any time
resign the office of Judge of the Court by writing under the
hand of the Judge addressed to the Chairman of the
Commission.
ARTICLE X
OATH OF OFFICE
1. A Judge of the Court shall not enter upon the duties
of that office unless he has taken and subscribed the oath of
office as set out in Appendix I to this Agreement.
2. The oath of office shall be taken and subscribed
before the Head of State of any Contracting Party.
PART II
ORIGINAL JURISDICTION OF THE COURT
ARTICLE XI
CONSTITUTION OF THE COURT
1. The Court, in the exercise of its original jurisdiction,
shall be duly constituted if it consists of not less than three
judges being an uneven number of judges.
2. The judges referred to in paragraph 1 shall possess
the expertise necessary for the Court to adjudicate the matter.
LAWS OF GUYANA
36 Cap. 3:07 Caribbean Court of Justice
L.R.O. 1/2012
3. The deliberations of the Court shall be under the
authority and control of a Chairman, who shall be the most
senior of the judges appointed by the President.
4. Notwithstanding paragraph 1, the original
jurisdiction of the Court may be exercised by a sole judge
appointed by the Chairman.
5. The decision of a sole judge exercising jurisdiction
under paragraph 4 may, on application of a Party aggrieved,
be reviewed by a panel comprising not more than five judges.
ARTICLE XII
JURISDICTION OF THE COURT IN CONTENTIOUS
PROCEEDINGS
1. Subject to the Treaty, the Court shall have exclusive
jurisdiction to hear and deliver judgment on:
(a) disputes between Contracting Parties to this
Agreement;
(b) disputes between any Contracting Parties to
this Agreement and the Community;
(c) referrals from national courts or tribunals
of Contracting Parties to this Agreement;
(d) applications by nationals in accordance with
Article XXIV,
concerning the interpretation and application of the Treaty.
2. For the purposes of this part, “national courts”
includes the Eastern Caribbean Supreme Court.

LAWS OF GUYANA
Caribbean Court of Justice Cap. 3:07 37
L.R.O. 1/2012
ARTICLE XIII
ADVISORY OPINIONS OF THE COURT
1. The Court shall have exclusive jurisdiction to
deliver advisory opinions concerning the interpretation and
application of the Treaty.
2. Advisory opinions shall be delivered only at the
request of Contracting Parties or the Community.
ARTICLE XIV
REFERRAL TO THE COURT
Where a national court or tribunal of a Contracting
Party is seized of an issue whose resolution involves a
question concerning the interpretation or application of the
Treaty, the court or tribunal concerned shall, if it considers
that a decision on the question is necessary to enable it to
deliver judgment, refer the question to the Court for
determination before delivering judgment.
ARTICLE XV
COMPLIANCE WITH JUDGMENTS OF THE COURT
Member States, Organs, Bodies of the Community or
persons to whom a judgment of the Court applies, shall
comply with that judgment.
ARTICLE XVI
COMPULSORY JURISDICTION OF THE COURT
1. Contracting Parties agree that they recognise as
compulsory, ipso facto and without special agreement, the
LAWS OF GUYANA
38 Cap. 3:07 Caribbean Court of Justice
L.R.O. 1/2012
original jurisdiction of the Court provided for in Article XII.
2. In the event of a dispute as to whether the Court
has jurisdiction, the matter shall be determined by decision of
the Court.
ARTICLE XVII
LAW TO BE APPLIED BY THE COURT IN THE EXERCISE
OF ITS ORIGINAL JURISDICTION
1. The Court, in exercising its original jurisdiction
under Article XII (b) and (c), shall apply such rules of
international law as may be applicable.
2. The Court may not bring in a finding of non liquet
on the ground of silence or obscurity of the law.
3. The provisions of paragraphs (1) and (2) shall not
prejudice the power of the Court to decide a dispute ex aequo
et bono if the parties so agree.
ARTICLE XVIII
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
LAWS OF GUYANA
Caribbean Court of Justice Cap. 3:07 39
L.R.O. 1/2012
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 XIX
APPLICATION FOR INTERIM MEASURES
The Court shall have the power to prescribe if it
considers the circumstances so require, any interim measures
that ought to be taken to preserve the rights of a Party.
ARTICLE XX
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
LAWS OF GUYANA
40 Cap. 3:07 Caribbean Court of Justice
L.R.O. 1/2012
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 XXI
RULES OF COURT GOVERNING ORIGINAL
JURISDICTION
1. 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.
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, Legal
Practitioners or advocates and the
representation of persons concerned in any
proceedings in the Court;
LAWS OF GUYANA
Caribbean Court of Justice Cap. 3:07 41
L.R.O. 1/2012
(d) providing for the summary determination of
any matter which appears to the Court to be
frivolous or vexatious or to be brought for
the purpose of delay;
(e) regulating matters relating to the costs
and the taxation thereof, of proceedings in
the Court;
(f) providing for the delivery of judgments in
an expeditious manner;
(g) prescribing forms and fees in respect of
proceedings in the Court;
(h) prescribing the time within which any
requirement of the rules of Court is to be
complied with;
(i) regulating or prescribing or doing any other
thing which may be regulated, prescribed or
done by rules of Court.
ARTICLE XXII
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 XX.
ARTICLE XXIII
ALTERNATIVE DISPUTE RESOLUTION
1. Each Contracting Party shall, to the maximum
LAWS OF GUYANA
42 Cap. 3:07 Caribbean Court of Justice
L.R.O. 1/2012
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 XXIV
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) the 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
LAWS OF GUYANA
Caribbean Court of Justice Cap. 3:07 43
L.R.O. 1/2012
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 XXV
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;

LAWS OF GUYANA
44 Cap. 3:07 Caribbean Court of Justice
L.R.O. 1/2012
(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.
LAWS OF GUYANA
Caribbean Court of Justice Cap. 3:07 45
L.R.O. 1/2012
4. Subject to paragraph 2, 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
LAWS OF GUYANA
46 Cap. 3:07 Caribbean Court of Justice
L.R.O. 1/2012
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 judgments 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.

LAWS OF GUYANA
Caribbean Court of Justice Cap. 3:07 47
L.R.O. 1/2012
PART IV
ENFORCEMENT, FINANCIAL AND FINAL PROVISIONS
ARTICLE XXVI
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 XXVII
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
LAWS OF GUYANA
48 Cap. 3:07 Caribbean Court of Justice
L.R.O. 1/2012
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 XXVIII
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 XXVII and this Article shall be borne by
the Contracting Parties in such proportions as may be agreed
by the Contracting Parties. The assessed contributions 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.

LAWS OF GUYANA
Caribbean Court of Justice Cap. 3:07 49
L.R.O. 1/2012
(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
XXXII, 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 XXIX
RIGHT OF AUDIENCE
Attorneys-at-Law, legal practitioners or advocates 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.

LAWS OF GUYANA
50 Cap. 3:07 Caribbean Court of Justice
L.R.O. 1/2012
ARTICLE XXX
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 XXXI
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 XXXII
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
LAWS OF GUYANA
Caribbean Court of Justice Cap. 3:07 51
L.R.O. 1/2012
ratification or accession is deposited with the Secretary-
General (hereinafter in this Agreement referred to as “the
Depositary”).
ARTICLE XXXIII
SIGNATURE
This Agreement is open for signature by any of the States or
countries referred to in Article II.
XXXIV
RATIFICATION
This Agreement shall be subject to ratification by the
signatory countries in accordance with their respective con-
stitutional procedures. Instruments of ratification shall be
deposited with the Depositary who shall transmit certified
copies to the Government of each Contracting Party.
ARTICLE XXXV
ENTRY INTO FORCE
This Agreement shall enter into force upon the deposit of
Instruments of Ratification or Accession in accordance with
Article XXXIV, by at least three Member States of the
Caribbean Community.
ARTICLE XXXVI
ACCESSION
1. Any country to which paragraph (b) of Article II
LAWS OF GUYANA
52 Cap. 3:07 Caribbean Court of Justice
L.R.O. 1/2012
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 XXXVII
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 five
years 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 XXXVIII
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.

LAWS OF GUYANA
Caribbean Court of Justice Cap. 3:07 53
L.R.O. 1/2012
ARTICLE XXXIX
RESERVATIONS
A reservation may be entered to Article XXV 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 Agreement.
DONE at ________________________________on the
_______________day of _________________2001.
Signed by for the Government of Antigua and
Barbuda on the day of 2001 at .
Signed by for the Government of Barbados on the
day of 2001 at .
Signed by for the Government of Belize on the
day of 2001 at .
Signed by for the Government of the
Commonwealth of Dominica on the day of 2001 at
.
Signed by for the Government of Grenada on the
day of 2001 at .
Signed by for the Government of the Cooperative-
Republic of Guyana on the day of 2001 at .
Signed by for the Government of Haiti on the
LAWS OF GUYANA
54 Cap. 3:07 Caribbean Court of Justice
L.R.O. 1/2012
day of 2001 at .
Signed by for the Government of Jamaica on the
day of 2001 at .
Signed by for the Government of Montserrat on the
day of 2001 at .
Signed by for the Government of St. Kitts and Nevis
on the day of 2001 at .
Signed by for the Government of St. Lucia on the
day of 2001 at .
Signed by for the Government of St Vincent and
Grenadines on the day of 2001 at .
Signed by for the Government of the Republic of
Suriname on the day of 2001 at .
Signed by for the Government of the Republic of
Trinidad and Tobago on the day of 2001 at .
____________________

LAWS OF GUYANA
Caribbean Court of Justice Cap. 3:07 55
L.R.O. 1/2012
APPENDIX I
OATH OF OFFICE
I ........ do hereby swear (or solemnly affirm) that I will
faithfully exercise the office of the President/ Judge of the
Caribbean Court of Justice without fear or favour, affection or
ill-will and in accordance with the code of Judicial Conduct.
(so help me God (to be omitted in affirmation)