(b)
arising from a dispute between the Partner States regarding this
Treaty if the dispute is submitted to it under a special agreement
between the Partner States concerned; or
(c)
arising from an arbitration clause contained in a commercial
contract or agreement in which the parties have conferred
jurisdiction on the Court.
ARTICLE 33
Jurisdiction of National Courts
1.
Except where jurisdiction is conferred on the Court by this Treaty,
disputes to which the Community is a party shall not on that ground alone, be
excluded from the jurisdiction of the national courts of the Partner States.
2.
Decisions of the Court on the interpretation and application of this Treaty
shall have precedence over decisions of national courts on a similar matter.
ARTICLE 34
Preliminary Rulings
of National Courts
Where a question is raised before any court or tribunal of a Partner State
concerning the interpretation or application of the provisions of this Treaty or
the validity of the regulations, directives, decisions or actions of the Community,
that court or tribunal shall, if it considers that a ruling on the question is
necessary to enable it to give judgment, request the Court to give a preliminary
ruling on the question.
ARTICLE 35
Judgment of the Court
1.
The Court shall consider and determine every reference made to it
pursuant to this Treaty in accordance with rules of the Court and shall deliver in
public session, a reasoned judgment:
Provided that if the Court considers that in the special
circumstances of the case it is undesirable that its judgment
be delivered in open court, the Court may make an order to that
effect and deliver its judgment before the parties privately.
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