Humphrey Construction Ltd v. Pan African Postal Union

The case case originates from a commercial dispute between the Humphrey Construction Ltd and the Pan African Postal Union (PAPU), an international organization based in Tanzania. The dispute was originally settlement by arbitration. The Humphrey Construction attempted to enforce the award before Tanzania’s national courts.

By a letter filed to the Court of Appeal, the Attorney-General requested the Court to address the issue of the immunity of PAPU from national jurisdiction. As he highlighted, PAPU is an International Organization specified in the third schedule of the Diplomatic and Consular Immunities and Privileges Act, which confers on it immunity from legal process and enforcement. The same immunities are established under the Headquarters Agreement concluded between the respondent organization and Tanzania.

The Court of Appeal held that national courts lack jurisdiction to enforce the award against PAPU. As it underlined, the above mentioned Act grants to international organizations immunity from all kinds of legal process, including the legal actions directed at enforcing awards.

The Court of Appeal also rejected the argument advanced by the applicant, according to which PAPU had implied waived its immunity in the instant case, by concluding a commercial agreement which provided an arbitration clause. According to the Court, the acceptance of an arbitration clause by an international organization does not imply a waiver of its immunity from jurisdiction and enforcement.