THE REPUBLIC OF UGANDA
THE CENTRE FOR ARBITRATION AND DISPUTE RESOLUTION
CAD/ARB/NO.12 OF 2009
BSG ADVOCATES ……………………………………….. APPLICANT
FIRST GLOBAL PROJECTS
MANAGEMENT INC …………………….………….. ….. RESPONDENT
This is an application for the compulsory appointment of an arbitrator.
The arbitration clause in issue was set out in the agreement, executed by the parties, dated 28th November 2008, and reads as follows,
“7. Dispute Resolution: All disputes howsoever arising herefrom shall settled amicably failing which before a single arbitration appointed by the Centre for Alternative dispute Resolution, Kampala(CADER) on application
of either party.”
The application was set for hearing on 22nd October 2009. The applicant was represented by Mr. Geoffrey Otim. There is an Affidavit of service, which indicates that the Respondent was served through Guma Samuel Ssesanga on 16th October 2009. The Respondent was not present and the application was therefore heard ex parte.
Having perused the application, the supporting affidavit and listened to the argument raised by the Applicant, I find the application has merits, given the Respondent’s failure to co-operate in the institution of the arbitral tribunal.
In the circumstances, I find merit in the Applicant’s prayer that an arbitrator be appointed, by CADER, under Section 11 Arbitration and Conciliation Act, Cap.4 Laws of Uganda.
I therefore appoint Hon. Principle Judge Herbert J. Ntabgoba (emeritus) as the arbitrator in this matter.
Should Hon. Principal Judge Herbert J. Ntabgoba (emeritus) decline to handle this matter under Section 12(1) A.C.A owing to circumstances, which he perceives might give rise to his impartiality or independence, then Rachel Kabala or Alex Rezida or shall be deemed the appointed arbitrator, in the sequential order listed.
The arbitrator is reminded to sign the Declaration of Impartiality, Party Undertaking Agreement and file the same with CADER upon
assuming jurisdiction over this matter and return the file to CADER for archiving purposes upon completion of the case.
Costs of this Application shall be borne by the Respondent.
|Hon. Rtd Principal Judge J. Ntabgoba
Kampala Associated Advocates
5th Floor Workers House
Pilkington Road, Kampala