Arbitration and Alternate Dispute Resolution

Bayeti Farm Enterprises Ltd v Transition Grant Services & 2 Ors (CAD/ARB No. 2 of 2009) [2009] UGCADER 3 (11 March 2009);


Search Summary: 

The application was for the compulsory appointment of a single arbitrator in line an arbitration clause agreed to by the parties. It was the Applicants’ case that the request to refer the dispute between the parties to an arbitrator was not responded to by the Respondent. The respondent averred that the Application conflicted with a lawsuit that was pending before the High Court

Headnote and Holding: 

Court in consideration of the matter held once there was an arbitration clause in existence affecting a matter pending before the courts, then all counsel were obligated to bring the same to the attention of the court.

This is to allow for court to refer matters affected by the clause to arbitration, under S.5 Arbitration and Conciliation Act, Cap.4

Court accordingly allowed the application and appointed an arbitrator.


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