Alios Alliance Ltd v NSJ Investments Ltd and Anor (Miscellaneous Application No. 691 of 2021)
Observed later treatment
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Holding
Held that where an arbitral award has been properly authenticated through production of the original or certified copy, and the arbitration agreement evidencing the basis for arbitration proceedings is available, the court will recognize the award under Section 35 of the Arbitration and Conciliation Act. Where the time for setting aside the award under Section 34 has expired without challenge, the award shall be enforced as a decree of court under Section 36.
Outcome
Arbitral award recognized and decree issued for enforcement
Facts
On 7 December 2012, the Applicant and Respondents entered into a land sale agreement for the development and sale of land comprised in FRV 331 Folio 13 Plot 34, Elizabeth Avenue, Kampala, held under a 99-year leasehold interest. Disputes arose and the parties activated the dispute resolution clause in the agreement, proceeding to arbitration under the Arbitration and Conciliation Act at the Centre for Arbitration and Dispute Resolution (CADER). A final arbitral award was granted on 6 August 2019 by three appointed arbitrators in favour of the Applicant. The Applicant then filed a notice for recognition and enforcement of the arbitral award. The parties later consented to the arbitral award. No application to set aside the award was filed within the 30-day statutory period under Section 34(3) of the Arbitration and Conciliation Act. The Applicant sought recognition and enforcement of the award.
Issues
- Whether the application for recognition of the arbitral award and consent should be granted.
Orders
- The arbitral award in CAD. ARB No. 53 of 2017 by the Centre for Arbitration and Dispute Resolution dated 6 August 2019 is hereby recognized.
- A decree hereby issues for the enforcement of the said Arbitral Award mentioned in 1 above.
- Costs of this application are awarded to the Applicant.
Rules and key headnotes
Legislation cited (15)
- Arbitration and Conciliation Act Cap 4 s.2(f)
- Arbitration and Conciliation Act Cap 4 s.31(8)
- Arbitration and Conciliation Act Cap 4 s.33
- Arbitration and Conciliation Act Cap 4 s.34
- Arbitration and Conciliation Act Cap 4 s.34(3)
- Arbitration and Conciliation Act Cap 4 s.35
- Arbitration and Conciliation Act Cap 4 s.35(1)
- Arbitration and Conciliation Act Cap 4 s.35(2)
- Arbitration and Conciliation Act Cap 4 s.35(2)(a)
- Arbitration and Conciliation Act Cap 4 s.35(2)(b)
- Arbitration and Conciliation Act Cap 4 s.36
- Arbitration Rules r.13
- Commissioner for Oaths Rules r.8
- Commissioner for Oaths Rules r.9
- Commissioner for Oaths (Advocates) Act Cap 5
Cases cited (1)
- Katamba Philip and 3 Others v Magala Ronald (Arbitration Cause No. 03 of 2007)
Cases citing this judgment (1)
How later Ugandan judgments in the Wakilii corpus have cited this case. Treatment labels come from Sequitur — Uganda’s citator — each backed by a verbatim span from the citing judgment, and are not an assertion that this case is, or is not, good law.
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.