Wakilii

Katandwe v The Registered Trustees of Juma and Zukuuli Muslim Group in Uganda (CAD ARB 14 of 2014)

Tribunal · [2014] UGCADER 1 · 2014 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for appointment of arbitrator under arbitration agreement
Decision
Arbitrator appointed; matter to proceed to arbitration

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Where parties agreed to refer disputes to arbitration and a dispute arose, the respondent's refusal to cooperate in appointing an arbitrator constituted a failure to perform the contractual obligation to establish the arbitral tribunal. The tribunal appointed an arbitrator under the Arbitration and Conciliation Act, holding that establishment of the arbitral tribunal is a neutral mutual obligation that does not favor either party.

Outcome

Arbitrator appointed; matter to proceed to arbitration

Facts

The parties executed an Agreement to Hire School Premises on 18 August 2007 containing an arbitration clause requiring disputes to be referred to an arbitrator of the parties' choice. Disputes arose during performance of the contract. The applicant sought appointment of an arbitrator. The respondent filed an affidavit in reply asserting that no arbitrator should be appointed, evidencing a different interpretation of contractual obligations and refusal to cooperate in establishing the arbitral tribunal as required by the agreement.

Issues

  1. Whether an arbitrator should be appointed where one party refuses to cooperate in establishing the arbitral tribunal despite a valid arbitration clause.

Orders

  • Application granted.
  • Solome Luwaga appointed as arbitrator.
  • Brenda Mahoro or Alfred Karokora (Supreme Court Justice Emeritus) appointed as replacement arbitrators in consequential order should Solome Luwaga decline under Section 12(1) ACA.
  • Costs awarded to the applicant.

Rules and key headnotes

Arbitration & ADR — Appointment of Arbitrator — Failure to Cooperate
Where parties have agreed to refer disputes to arbitration, a party's refusal to cooperate in appointing an arbitrator constitutes a failure to perform the contractual obligation to establish the arbitral tribunal, and the tribunal may appoint an arbitrator under the Arbitration and Conciliation Act.
Arbitration & ADR — Nature of Arbitration Clause — Mutual Obligation
An arbitration clause embodies the agreement of both parties that disputes shall be settled by a tribunal of their own constitution; it does not impose an obligation on one party in favor of the other but creates a mutual obligation to establish the forum where disputes shall be heard.
Arbitration & ADR — Establishment of Arbitral Tribunal — Neutral Function
The establishment of an arbitral tribunal is a neutral function which does not favor any party; it is the mutual performance of the obligation to actualize the forum where disputes arising shall be heard.

Legislation cited (1)

Cases cited (2)

  • Roko Construction Ltd v Aya Bakery (U) Ltd (CAD ARB 10 of 2007)
  • Heyman v Darwins [1942] All ER 337

Full judgment

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

Katandwe v The Registered Trustees of Juma and Zukuuli Muslim Group in Uganda (CAD ARB 14 of 2014) [2014] UGCADER 1 (22 October 2014)
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.