Wakilii

Omega Construction v Attorney General (CAD ARB 24 of 2012)

Tribunal · [2012] UGCADER 8 · 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 clause in construction contract
Decision
Arbitrator compulsorily appointed; matter proceeds to arbitration

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Application for compulsory appointment of arbitrator granted. The tribunal declined the Respondent's adjournment request, finding no credible effort to honor the contractual obligation to amicably resolve disputes and no plausible explanation for failure to engage using modern communication technology. Stephen Musisi appointed as arbitrator with alternative arbitrators named in sequential order.

Outcome

Arbitrator compulsorily appointed; matter proceeds to arbitration

Facts

Omega Construction was awarded a construction contract by the Attorney General on 6 April 2005. The Applicant completed the works and received a Final Completion Certificate on 22 October 2010. The Applicant served a demand note on 31 January 2012. The contract contained an arbitration clause requiring disputes that could not be amicably settled within 30 days to be submitted to arbitration under the Arbitration and Conciliation Act. On 6 August 2012, the Applicant issued notice of appointment of arbitrator and filed this application on 16 August 2012 for compulsory appointment. The Respondent did not file an affidavit in reply but sought an adjournment, citing that the Attorney General's department had not consulted the client ministry and that key officials were abroad.

Issues

  1. Whether the Respondent's request for adjournment should be granted.
  2. Whether an arbitrator should be compulsorily appointed under the contract's arbitration clause.

Orders

  • Application for adjournment declined.
  • Stephen Musisi appointed as arbitrator.
  • In case Stephen Musisi cannot accept appointment under s.12(1) Arbitration and Conciliation Act, matter referred to Kafuko Ntuyo or Jackie Nakalembe in sequential order.
  • Costs of the Application awarded to the Applicant.

Rules and key headnotes

Arbitration — Compulsory Appointment of Arbitrator — Adjournment Requests
Where a party applies for compulsory appointment of an arbitrator under a contractual arbitration clause and the respondent seeks adjournment without filing a substantive response, the tribunal may decline the adjournment where the respondent has shown no credible effort to honor the contractual obligation to amicably resolve disputes and offers no plausible explanation for failure to engage using modern communication technology.
Arbitration — Appointment of Arbitrator — Sequential Alternatives
Under s.12(1) of the Arbitration and Conciliation Act, where a tribunal appoints an arbitrator who may be unable to accept the appointment for unforeseen events, the tribunal may designate alternative arbitrators to be approached in sequential order.

Legislation cited (1)

  • 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.

Omega Construction v Attorney General (CAD ARB 24 of 2012) [2012] UGCADER 8 (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.