Article 4.47 Jurisdictional Coordination MechanismJoint Judicial Council

(a) A jurisdictional coordination mechanism may be established or recognised under the ICT Establishment Law and the ICT Contractual Arrangements to address issues of jurisdictional interface between the ICT Court, Host Country courts, prosecutorial authorities, or other competent bodies.
(b) The composition, powers, procedure, and legal effect of any such mechanism shall be as provided in the instrument establishing or recognising it.
(c) In the absence of such mechanism, the ICT Court shall apply this Chapter in a manner that promotes legal certainty, judicial comity, due process, and the prevention of denial of justice.
(1) Where:
(a) the parties in civil or commercial matters are unable to reach an agreement under Article 4.46(1); or
(b) prosecutorial authorities in criminal matters are unable to reach agreement under Article 4.46(3);
the matter shall be referred to a Joint Judicial Council for determination.

(2) The Joint Judicial Council shall be composed of:

(a) the Chief Justice of the IC Court;
(b) three (3) judges drawn from the IC Court; and
(c) three (3) judges drawn from other courts of the Host Country, as designated by host-country legislation or judicial authority.

(3) The Joint Judicial Council shall be chaired by the Chief Justice of the IC Court, who shall preside over its proceedings.

(4) The Chief Justice shall not be a voting member of the Joint Judicial Council; however, where the votes of the Council are equally divided, the Chief Justice shall exercise a casting vote, which shall be decisive. Decisions of the Joint Judicial Council shall otherwise be taken by simple majority of voting members.

(5) Members of the Joint Judicial Council, including the Chief Justice when exercising the casting vote, shall act independently and judicially, and not as representatives of any institution, court, or authority.

(6) The Joint Judicial Council shall determine, as applicable:
(a) the competent court or tribunal;
(b) the competent prosecutorial authority in criminal matters; and
(c) the appropriate procedural framework,
having regard, inter alia, to:
(i) the closest and most real connection of the matter;
(ii) the interests of justice and procedural efficiency;
(iii) the avoidance of conflicting or duplicative proceedings; and
(iv) the fundamental rights of the persons concerned.

(7) A determination of the Joint Judicial Council under this Chapter shall be final and binding as to jurisdiction and competence, subject only to constitutional review where applicable.

(8) In addition to its functions under this Chapter, the Joint Judicial Council shall serve as a standing consultative and coordination body between the IC Court and other courts and judicial authorities of the Host Country.

(9) In exercising its consultative and coordination role, the Joint Judicial Council may, without prejudice to judicial independence:
(a) facilitate dialogue on matters of jurisdictional interface;
(b) promote consistency of approach and mutual understanding between judicial institutions; and
(c) support the orderly and coherent development of the judicial framework applicable to the International City.

(10) Proceedings and determinations of the Joint Judicial Council shall, unless strictly necessary otherwise and proportionate as provided in Article 4.5, be conducted and recorded in a manner consistent with the principle of open justice.