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Citation
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Judgment date
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| May 2018 |
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Where an arbitration clause is silent, one arbitrator is appointed and partial costs of the appointment application awarded.
Arbitration — contractual silence on number of arbitrators — section 10(2) Arbitration and Conciliation Act — one arbitrator; CADER functions and appointing authority; recoverability of costs in arbitration applications — Advocates (Remuneration and Taxation of Costs) Rules and amendment; partial award of costs (50%).
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11 May 2018 |
| March 2018 |
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Applicant entitled to arbitrator appointment where respondent’s inaction frustrated contractual mediation prerequisite; joinder of purchaser not automatic.
Arbitration – Compulsory appointment of arbitrator where contractual mediation prerequisite is frustrated or abandoned by a party; mediation clause and party autonomy; successor/purchaser not automatically a party – joinder by consent or High Court application; Arbitration and Conciliation Act considerations.
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28 March 2018 |
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Refusal to engage in contractual mediation can constitute abandonment and permit statutory appointment of an arbitrator under s.10(2) ACA.
Arbitration — abandonment of agreed ADR process by refusing mediation — courts of England and Wales nominated mediator under contract — AFSA rules procedural only — Arbitration and Conciliation Act s.10(2) permits statutory appointment of arbitrator — CADER jurisdiction to appoint tribunal where parties fail to agree.
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16 March 2018 |
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Sub-consultancy incorporated main contract’s arbitration clause; arbitrator appointed; UNRA not shown to be party; costs allocated.
* Arbitration – incorporation clause – sub-consultancy imported arbitration clause from main contract – disputes under sub-consultancy subject to arbitration under Ugandan law (Kampala).
* Arbitration and Conciliation Act – requirement of written arbitration agreement and definition of "party" to arbitration agreement.
* Party status – applicant failed to prove UNRA was a party to the sub-consultancy arbitration agreement.
* Relief – appointment of arbitrator and allocation of costs.
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16 March 2018 |
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16 March 2018 |
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Where no Project Manager decision exists, post-mutual disengagement payment disputes fall outside adjudication and proceed to arbitration.
Construction contract – dispute resolution – adjudication under GCC 24 applies only to contested Project Manager decisions; disputes arising from mutual disengagement and outstanding payments fall under "any arbitration" in GCC 25.4; interpretation of GCC/SCC; appointment of arbitrator; exhaustion of adjudication not required where no Project Manager decision exists.
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16 March 2018 |
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Arbitration clause construed to permit enforcement of settlement agreement; application to arbitrate granted with costs to applicant.
* Arbitration – contractual dispute resolution – construction of dispute resolution clause: scope beyond adjudicator appeals under Clause 25.3 to 'any arbitration' under Clause 25.4. * Enforcement of settlement agreement – arbitration available where Project Manager made no decision and was not party to settlement. * Procedural objections (ongoing verification, notice of reference) do not necessarily preclude arbitration.
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9 March 2018 |
| February 2018 |
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Respondent’s failure to participate in mandatory ADR allowed statutory appointment of an arbitrator; no order as to costs.
Arbitration & conciliation – dispute resolution clause requiring conciliation then arbitration – preliminary conciliation step does not negate arbitration agreement; parties’ failure to participate forfeits procedural rights; statutory appointment of arbitrator under ACA; conciliation proceeds by consent; Section 30 and Section 62 ACA referenced.
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23 February 2018 |
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A counsel’s misnomer cannot negate a valid arbitration clause; court appointed an arbitrator and awarded costs.
Arbitration clause interpretation – validity under S.2(1)(c) ACA; advocate’s misdescription of process does not alter contractual clause; severance of referral-to-courts wording; party autonomy and two-tier/arbitrary appellate arrangements; court’s power to appoint arbitrator where one party refuses to cooperate.
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9 February 2018 |
| June 2017 |
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Contractor’s belief can trigger adjudication; court appointed an adjudicator under s.11(4)(c) ACA, not an arbitrator, and awarded costs.
Construction contracts – dispute resolution – adjudication under GCC 24.1 and GCC 25.2–25.4 – contractor’s belief sufficient to trigger adjudication – SCC prevails over GCC – appointing authority (UIPE) duties – court appointment of adjudicator under s.11(4)(c) ACA – arbitration only post-adjudicator decision.
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7 June 2017 |
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Failure to notify a party of arbitration appointment/delegation breaches equality under the ACA, warranting compulsory appointment and costs.
Arbitration — appointment of arbitrator — delegation of appointment powers — failure to notify party; Arbitration and Conciliation Act — s.18 equal treatment of parties — duty to inform and afford opportunity; s.11(4)(a) statutory relief — compulsory appointment by appointing authority; s.4 waiver — notice and objection; Procedural fairness and transparency in appointing arbitrators.
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4 June 2017 |
| May 2017 |
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Arbitral tribunal lacks power to join guarantors excluded by an express no‑joinder clause; guarantors bound to court forum clause.
Arbitration – jurisdiction to appoint arbitrator under Arbitration and Conciliation Act s.11 – written arbitration agreement required – joinder of third parties – negative pledge/prohibition on consolidation in arbitration clause – forum selection clause in guarantee deed – separate nature of dispute resolution clauses.
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8 May 2017 |
| February 2017 |
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Arbitration clause remains binding; respondent’s failure to cooperate forfeited appointment rights and compulsory arbitrator appointment was ordered.
Arbitration law – separability of arbitration agreement; arbitration clause enforceable post-contract expiry; mutual duty to cooperate in appointing arbitrators; forfeiture by silence/non‑cooperation; statutory power to order appointment under the Arbitration and Conciliation Act; jurisdiction of CADER to compel arbitration.
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22 February 2017 |
| November 2016 |
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A bare arbitration clause allows statutory default appointment under the ACA; absent agreed rules, compulsory appointment was lawful and removal failed.
Arbitration — interpretation of bare arbitration clauses; duty to negotiate/mutually consult under contractual ADR clauses; role and powers of the appointing authority under section 11 Arbitration and Conciliation Act; whether absent agreed rules parties may demand specified appointment procedures; costs on unsuccessful application.
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12 November 2016 |
| September 2016 |
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Court prioritized substantive justice and appointed an arbitrator despite a citation error, awarding costs to the respondent.
Substantive justice v technicalities; mis‑description of a party; duty of counsel to correct irregularities (Regulation 17); Article 126(2)(e) constitutional mandate; court discretion to appoint arbitrator despite pleading defects; costs for negligent pleadings.
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1 September 2016 |
| August 2016 |
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Court compelled appointment of arbitrator under lease clause despite respondent asserting no dispute.
Arbitration clause – validity and effect – clause 6 construed as an arbitration agreement under s.2(1)(c) ACA; existence of "dispute" is a state of mind and not a precondition to commencement of arbitration; court’s power to appoint arbitrator under s.10(2) ACA where parties fail to agree; parties’ obligation to follow agreed dispute resolution procedure.
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3 August 2016 |
| July 2016 |
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A disclosed sub‑consultant in a joint venture may invoke the main contract arbitration clause; CADER to appoint an arbitrator.
Arbitration — entitlement of disclosed subcontractor/sub‑consultant to invoke main contract arbitration clause; assignment and successor‑in‑title issues; applicability of subcontract termination/arbitration clause; mutual consultation pre‑condition not a bar to arbitration; appointment of arbitrator under Section 10(2) ACA.
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11 July 2016 |
| July 2015 |
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An appointing authority may designate an adjudicator under s.11(4) ACA when parties' agreed joint-appointment process fails.
* Arbitration/ADR – adjudicator appointment – contractual requirement of joint appointment does not preclude appointing authority intervention when parties fail to agree.
* Arbitration and Conciliation Act s.11(4) – empowers compulsory appointment where agreed consent procedure breaks down.
* Procedure – failure to respond to nomination processes and admissions may trigger statutory appointment.
* Costs – specificity required when invoking statutory relief.
* Judicial oversight – courts should not impose ad hoc ADR timelines without legal or evidentiary basis.
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28 July 2015 |
| October 2014 |
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Court appointed an arbitrator and awarded costs after respondent failed to cooperate in constituting the arbitral tribunal.
Arbitration clause – existence of dispute – failure of a party to cooperate in appointment of arbitrator – court’s power to appoint under Section 12(1) ACA – costs awarded for application to constitute tribunal.
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22 October 2014 |
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A terse arbitration clause in a contract suffices; arbitrator will be appointed and costs awarded after respondent refused arbitration.
Arbitration clause — sufficiency where "arbitration" appears only in heading; Arbitration and Conciliation Act s.2(1)(c) (definition of arbitration agreement) and s.3(2) (writing requirement); notice to arbitrate; appointment of arbitrator; ex parte relief; costs awarded.
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21 October 2014 |
| December 2013 |
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Appointing authority cannot compulsorily appoint an arbitrator where the contract vests the sole appointment right in the aggrieved party who never acted.
* Arbitration – contractual clause providing for reference of adjudicator’s decision to arbitration – one-member tribunal – no appointment procedure specified – appointment right vested in aggrieved party.
* Arbitration – Arbitration and Conciliation Act s.11 – appointing authority power arises where parties fail to agree on appointment; not engaged where sole appointment right is not exercised by the entitled party.
* Procedure – appointing authority (CADER/UIPE) cannot be compelled to appoint arbitrator where contract grants unilateral appointment right to aggrieved party who did not act.
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12 December 2013 |
| October 2013 |
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Court appointed a neutral arbitrator under the ACA after parties failed to agree on procedure for appointment.
* Arbitration – appointment of arbitrator – clause without procedural agreement – resort to Arbitration and Conciliation Act (Sections 11, 12, 21).
* Procedural default – duty of counsel to propose nominees, seek joint institutional appointment or delegate appointment.
* Impartiality – inappropriate for a contract beneficiary to act as arbitrator; arbitration institution to ensure neutrality.
* CADER – power to appoint arbitrator where parties fail to agree.
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28 October 2013 |
| August 2013 |
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CADER appointed arbitrators under s.11(4)(a) after both parties failed to appoint required arbitrators under the loan's arbitration clause.
* Arbitration – contractual arbitration clause – each party to appoint one arbitrator and jointly appoint a third; failure to nominate arbitrators leads to court appointment under s.11(4)(a) of the Arbitration and Conciliation Act. * Clause 8.3 – alternative dispute resolution requires mutual agreement; settlement letters do not constitute consent. * Admissibility – documentary guarantee not originally filed may be admitted to facilitate dispute resolution.
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7 August 2013 |
| March 2013 |
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Court appointed an adjudicator under s.11 ACA where respondent failed to invoke agreed dispute process; costs partly awarded.
Construction contracts – dispute-resolution clause – scope of adjudicator (Project Manager decisions only) – applicability of generic GCC dispute procedure – interpretation of adjudicator definition as arbitration agreement – compulsory appointment under s.11 Arbitration and Conciliation Act – failure to participate in tribunal formation – partial costs award.
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12 March 2013 |
| December 2012 |
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Court immediately appointed an arbitrator under parties’ agreement empowering CADER, dispensing with a full hearing under s.2(2).
* Arbitration – institutional appointment – parties’ agreement empowering institutional appointment (CADER) – effect of written proposal by counsel indicating institutional appointment.
* Arbitration and Conciliation Act, s.2(2) – parties may authorize a third party/institution to determine issues left to parties.
* Civil procedure – dispensing with oral hearing – constitutional duty to administer substantive justice without undue regard to technicalities and to avoid delay.
* Appointment – immediate appointment of arbitrator appropriate absent forged documents or disputed authenticity.
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3 December 2012 |
| September 2012 |
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Court ordered compulsory appointment of contractual adjudicator, holding s.11 ACA powers to appoint arbitrators apply to adjudicator clauses.
Arbitration and adjudication – contractual adjudicator – whether an adjudicator clause constitutes an arbitration agreement under the Arbitration and Conciliation Act; Application of s.11 ACA to compulsory appointment of adjudicator; Service of process – affidavit evidence and consequence of unopposed application; Costs awarded for unopposed remedial appointment.
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10 September 2012 |
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Court refused adjournment, found no credible amicable settlement efforts, and appointed an arbitrator, awarding costs to the applicant.
* Arbitration – contractual arbitration clause – compulsory appointment of arbitrator under Arbitration and Conciliation Act; refusal of adjournment for client consultation; failure to attempt amicable settlement; appointment of primary and alternate arbitrators; costs awarded to Applicant.
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10 September 2012 |
| May 2012 |
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Statutory appointment of a single arbitrator to resolve a parties’ deadlock; appointment applies separately to two claims, costs to applicant.
Arbitration – compulsory appointment of arbitrator where parties deadlock; Arbitration and Conciliation Act Cap.4 – s.10(2) single arbitrator mandatory; s.11 appointment procedure; s.12(1) substitute arbitrator; consolidation of separate contracts not permitted without parties’ consent; costs awarded to successful applicant.
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27 May 2012 |
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Respondent’s silence and failure to pursue contractual amicable resolution justified compulsory appointment of a single arbitrator and costs to the applicant.
* Arbitration — compulsory appointment of arbitrator; pre-arbitration amicable negotiation clause; respondent silence as waiver. * Contract interpretation — reciprocal duty to attempt amicable resolution under dispute-resolution clauses. * Arbitration and Conciliation Act (Cap. 4) s.10(2) — appointment of single arbitrator where contract is silent on number. * Procedural — failure to file reply or engage may justify compulsory appointment and costs.
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27 May 2012 |
| April 2012 |
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CADER appointed an arbitrator and awarded costs where the respondent failed to cooperate in forming the arbitral tribunal.
* Arbitration — Compulsory appointment — Power of supervisory tribunal to appoint where a party fails to participate in forming arbitral tribunal. * Evidence — Unsigned/unsworn correspondence — inadmissible in place of affidavit. * Arbitration procedure — Expected responses to nomination: consent, propose alternative, or seek multi-member tribunal. * Arbitrator qualifications — neutrality and subject-matter skill required; party’s subjective 'comfort' is irrelevant.
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24 April 2012 |
| September 2011 |
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Appointing authority ordered a technically qualified arbitrator for a construction dispute after party deadlock, awarding costs to the applicant.
* Arbitration — compulsory appointment of arbitrator — appointing authority’s discretion under s.11(6) of the Arbitration and Conciliation Act. * Arbitration — party-nominated arbitrators — deadlock and statutory appointment. * Arbitration — suitability of arbitrator — technical expertise preferred in construction disputes. * Arbitration — procedural protection — Penal Code and protection against coercion applicable to all arbitral tribunals. * Costs — award of costs to successful applicant for appointment.
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14 September 2011 |
| July 2011 |
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CADER may appoint an arbitrator where a prima facie dispute and written arbitration agreement exist despite disputed time-limits or concurrent court proceedings.
Arbitration — existence and scope of written arbitration agreement (Clause 17.2); notice and prima facie dispute; procedural appointment under S.11 Arbitration and Conciliation Act; temporal limits (28/45 days) relate to jurisdiction/merits and are for tribunal or court to decide; concurrent court proceedings do not bar appointment.
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10 July 2011 |
| June 2011 |
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Applicant entitled to compulsory appointment of a sole arbitrator where respondent failed to evidence exhaustion of staged dispute-resolution steps.
Arbitration – dispute resolution clause – staged procedure (amicable settlement, mediation, arbitration); compulsory appointment of arbitrator – prematurity; PPDA – whether appointment of neutral is procurement; Arbitration and Conciliation Act – silence on number of arbitrators defaults to single arbitrator (S.10(2)).
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19 June 2011 |
| March 2011 |
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Court appointed an arbitrator under the arbitration clause, nominating alternatives under s.12(1); parties to bear own costs.
* Arbitration — appointment of arbitrator under arbitration clause — court nomination under s.12(1) Arbitration and Conciliation Act, Cap.4. * Arbitration clause — scope: binding arbitration in Uganda; governing commercial arbitration rules; no punitive or speculative damages; arbitrator cannot amend agreement. * Costs — parties agreed to bear their own costs for the application.
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7 March 2011 |
| September 2009 |
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Where a party fails to appoint an arbitrator, the appointing body may appoint and the tribunal alone determines its jurisdiction.
* Arbitration — appointment of arbitrator — mutual obligation — appointing authority may appoint where party neglects duty (Section 11 ACA).
* Arbitration — competence-competence — arbitral tribunal determines its own jurisdiction (Section 16 ACA; Section 16(6)).
* Arbitration — limits on tribunal’s scope — neither appointing body nor parties may unilaterally delimit jurisdiction; tribunal decides scope.
* Procedure — arbitrators must sign declarations of impartiality and file party undertakings; fees to be routed through appointing body.
* Costs — unsuccessful resisting party ordered to pay application costs.
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1 September 2009 |
| April 2009 |
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An arbitration clause is enforceable despite related High Court proceedings; an arbitrator was appointed and costs awarded to the applicant.
Arbitration – enforcement of arbitration clause – pending court proceedings do not extinguish arbitral clause; Section 5 ACA neutral and court supportive of arbitration; Civil Procedure Act stay not a bar to ACA applications; compulsory appointment of arbitrator and administrative directions (declaration, filings, payments through CADER).
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5 April 2009 |
| March 2009 |
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Pending court proceedings do not automatically bar compulsory appointment of an arbitrator under a valid arbitration agreement.
Arbitration — Compulsory appointment of arbitrator under Articles of Association and Section 11 ACA; effect of pending court proceedings — interplay of Sections 5 and 16 ACA; duty to notify court of forum conflict; validity and enforceability of arbitration agreement.
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11 March 2009 |
| February 2009 |
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An arbitration clause is separable and survives termination; CADER may appoint an arbitrator when a party fails to nominate one.
Arbitration — Section 11 ACA compulsory appointment of arbitrator; separability of arbitration clause (s.16); arbitration survives contract termination; mere denial of a dispute insufficient to defeat appointment; pending court proceedings not a bar to s.11 appointment; procedural technicalities subordinated to substantive justice.
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4 February 2009 |
| January 2007 |
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An appointing authority’s failure to act permits CADER to appoint an arbitrator despite pending court proceedings.
Arbitration — appointment of arbitrator — Section 11 ACA (party‑agreed procedure and failure of third party to perform) — CADER jurisdiction under Section 68; Arbitration vs courts — filing court proceedings does not automatically waive right to arbitrate (Section 5 ACA); Mutual obligation to participate in appointing arbitrator — prolonged silence amounts to failure to perform.
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4 January 2007 |
