Wakilii

Boaed of Governors John Paul S.S Khelekura v Keny Technical Services Ltd (CAD ARB 22 of 2012)

Tribunal · [2012] UGCADER 7 · 2012 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for compulsory appointment of an adjudicator under a construction contract dispute resolution clause
Decision
Adjudicator appointed to resolve dispute between parties under construction contract

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The tribunal held that the Arbitration and Conciliation Act must be purposefully construed and that the power to compulsorily appoint an arbitrator under s.11 applies equally to appointment of an adjudicator under a contract dispute resolution clause where the agreed process has failed. The application was unopposed and the respondent's conduct demonstrated knowledge of the proceedings. Dr. Anania Mbabazi was appointed as adjudicator with sequential alternatives.

Outcome

Adjudicator appointed to resolve dispute between parties under construction contract

Facts

The applicant and respondent entered into a construction contract on 25 February 2012 containing a dispute resolution clause requiring disputes to be referred to an adjudicator appointed jointly by the parties. A dispute arose and the applicant sought compulsory appointment of an adjudicator. The respondent's managing director appeared without legal representation, claiming he received the summons on 1 September 2012 slipped under his office door and that his lawyer provided no advice. He requested copies of the application and contract documents. The tribunal found the respondent had been properly served based on an affidavit of service showing documents were received and signed for on 8 September 2012.

Issues

  1. Whether the tribunal has jurisdiction to compulsorily appoint an adjudicator under a contract dispute resolution clause.
  2. Whether the application was properly served on the respondent.
  3. Whether the powers under the Arbitration and Conciliation Act s.11 to appoint an arbitrator extend to appointment of an adjudicator under a contract.

Orders

  • Application granted.
  • Dr. Anania Mbabazi appointed as adjudicator.
  • Should Dr. Mbabazi decline, Mr. Raj Dewani and Mr. Victor Odongo may be approached in sequential order.
  • Costs of the application awarded to the applicant.

Rules and key headnotes

Arbitration & ADR — Appointment of Adjudicator — Purposive Construction of Arbitration and Conciliation Act
The Arbitration and Conciliation Act must be purposefully construed such that the power to compulsorily appoint an arbitrator under s.11 applies equally to the appointment of an adjudicator under a contract dispute resolution clause where the agreed process to invoke the dispute resolution procedure has failed.
Arbitration & ADR — Definition of Adjudicator — Equivalence to Arbitration Agreement
A contract clause defining an adjudicator as a person appointed jointly by parties to resolve disputes in the first instance is synonymous with the function of an arbitration agreement under s.2(1)(e) of the Arbitration and Conciliation Act.
Civil Procedure — Service of Process — Acknowledgment of Receipt
Acknowledgment of receipt of documents is a matter of courtesy in modern civilization, while challenge of documents is a later right entrenched in modern laws of civilized societies.

Legislation cited (2)

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

Full judgment

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

Boaed of Governors John Paul S.S Khelekura v Keny Technical Services Ltd (CAD ARB 22 of 2012) [2012] UGCADER 7 (10 September 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.