Wakilii

Agaba v Akright Projects Ltd (CAD ARB 16 of 2012)

Tribunal · [2012] UGCADER 2 · 2012 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for compulsory appointment of arbitrator under Arbitration and Conciliation Act
Decision
Arbitrator appointed to resolve disputes arising from two land sale agreements

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that where parties to arbitration agreements failed to agree on the constitution of an arbitral tribunal, the Centre for Arbitration and Dispute Resolution has power under section 11 of the Arbitration and Conciliation Act to appoint an arbitrator. The tribunal appointed one arbitrator as required by section 10(2) where the parties had not determined the number. The tribunal noted it lacked power to consolidate the two separate contracts and directed the arbitrator to hear them as separate claims.

Outcome

Arbitrator appointed to resolve disputes arising from two land sale agreements

Facts

Akright Projects Ltd and Edgard Agaba signed two sale agreements for land at Mutungo Kakoola. The first agreement dated 12 August 2010 concerned 0.25 acres comprised in Plot 17 Block 273. The second agreement dated 6 January 2011 concerned 0.50 acres comprised in Plot 20 Block 273. Both agreements contained arbitration clauses providing that disputes would be settled by arbitrators appointed under the Arbitration and Conciliation Act. A dispute arose between the parties. The applicant's counsel wrote to the respondent on 7 February 2012 proposing appointment of an arbitrator. The respondent counter-proposed another arbitrator on the same date. No further action was taken by either party, resulting in deadlock. The applicant then applied to the Centre for Arbitration and Dispute Resolution for compulsory appointment of an arbitrator.

Issues

  1. Whether the tribunal should appoint an arbitrator where parties failed to agree on the constitution of an arbitral tribunal.
  2. Whether the tribunal has power to determine the number of arbitrators to be appointed.
  3. Whether two separate sale agreements can be consolidated into one application for appointment of arbitrator.

Orders

  • Jackie Nakalembe appointed as arbitrator.
  • In the event Jackie Nakalembe cannot accept the appointment, the matter to be referred to Kafuko Ntuyo or Sim Katende in sequential order.
  • The arbitrator to hear the claims relating to Plot 17 and Plot 20 as separate cases.
  • Costs of the application awarded to the applicant.

Rules and key headnotes

Arbitration & ADR — Appointment of Arbitrator — Compulsory Appointment Where Parties Fail to Agree
Where parties to an arbitration agreement fail to agree on the constitution of an arbitral tribunal, the Centre for Arbitration and Dispute Resolution has power under section 11 of the Arbitration and Conciliation Act to appoint an arbitrator to resolve the deadlock.
Arbitration & ADR — Number of Arbitrators — Default Provision
Where an arbitration clause provides for appointment of one or more arbitrators in accordance with the law but the parties have not determined the number, section 10(2) of the Arbitration and Conciliation Act requires the tribunal to appoint only one arbitrator.
Arbitration & ADR — Consolidation of Claims — Absence of Express Power
Arbitral tribunals do not have powers to consolidate separate contracts into one proceeding unless expressly empowered by the parties to do so.

Legislation cited (3)

  • Arbitration and Conciliation Act Cap.4 s.11
  • Arbitration and Conciliation Act Cap.4 s.10(2)
  • Arbitration and Conciliation Act Cap.4 s.12(1)

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Agaba v Akright Projects Ltd (CAD ARB 16 of 2012) [2012] UGCADER 2 (27 May 2012)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.