Wakilii

Sino Africa Medicines and Health Ltd v Soroti Joint Medical Stores Ltd and 6 Ors (CAD ARB 31 of 2012)

Tribunal · [2012] UGCADER 10 · 2012 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Chambers summons application for compulsory appointment of an arbitrator under an 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 to a sale agreement containing an arbitration clause agreed that CADER should appoint an arbitrator but disagreed on the selection process, the tribunal appointed an arbitrator without requiring a full hearing. The appointment was made under the parties' agreement and section 2(2) of the Arbitration and Conciliation Act, which permits parties to authorize a third party institution to make determinations on arbitration matters.

Outcome

Arbitrator appointed; matter to proceed to arbitration

Facts

Sino Africa Medicines & Health Ltd and Soroti Joint Medical Services Ltd executed a sale/purchase agreement on 26 June 2009 containing an arbitration clause providing that disputes incapable of amicable settlement would be referred to arbitration under CADER. A dispute arose between the parties. The applicant sought appointment of an arbitrator. The respondents' counsel wrote to the applicant's advocates on 13 November 2012 proposing that CADER appoint an arbitrator as an independent and impartial body rather than having the parties select one. The applicant's advocates acknowledged receipt of this communication on 14 November 2012. The applicant then filed a chambers summons for compulsory appointment of an arbitrator.

Issues

  1. Whether CADER should appoint an arbitrator where parties agreed to arbitration under CADER but could not agree on the selection process for the arbitrator.

Orders

  • Mr. Fred Kizza appointed to preside over the arbitration.
  • Ms. Solome Luwaga or Mr. Ebert Byenkya designated as alternate arbitrators in sequential order.
  • No order as to costs.

Rules and key headnotes

Arbitration & ADR — Appointment of Arbitrator — Agreement by Parties for Institutional Appointment
Where parties to an arbitration agreement have agreed that an arbitral institution should appoint an arbitrator, the institution may make the appointment without requiring a full hearing where both parties consent to the institutional appointment process.
Arbitration & ADR — Party Autonomy — Authorization of Third Party to Make Determinations
Section 2(2) of the Arbitration and Conciliation Act permits parties to authorize a third party, including an institution, to make determinations on matters where the Act leaves parties free to determine certain issues, including the appointment of arbitrators.
Civil Procedure — Substantive Justice — Dispensing with Technicalities
Where parties are agreed on the principle that a tribunal should be instituted and differ only on the procedural mechanism for appointment, a tribunal may dispense with formal hearing procedures and make the appointment immediately to avoid delay and give effect to substantive justice under Article 126(2) of the Constitution.

Legislation cited (4)

Full judgment

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

Sino Africa Medicines and Health Ltd v Soroti Joint Medical Stores Ltd and 6 Ors (CAD ARB 31 of 2012) [2012] UGCADER 10 (3 December 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.