Wilsken Agencies Ltd v International Rescue Committee Inc. (CAD ARB 8 of 2012)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
Application granted. The parties agreed that their dispute concerned contract interpretation and should proceed to arbitration under the arbitration clause in their agreement. The Executive Director appointed Jackie Nakalembe as arbitrator, with Lydia Ochieng Obbo and Sarah Lubega as sequential alternatives if the first appointee declined. Each party to bear own costs of the application.
Outcome
Arbitrator appointed; matter to proceed to arbitration
Facts
The applicant and respondent were parties to a commercial contract containing an arbitration clause requiring disputes to be settled by binding arbitration in Uganda. A dispute arose concerning interpretation of the contract. The respondent did not oppose the application for appointment of an arbitrator. Both parties agreed the dispute revolved around contract interpretation and that each would bear its own costs for the application.
Issues
- Whether an arbitrator should be appointed to resolve a contractual dispute between the parties.
Orders
- Jackie Nakalembe nominated as arbitrator.
- If Jackie Nakalembe declines, Lydia Ochieng Obbo appointed as arbitrator under Arbitration and Conciliation Act s.12(1).
- If Lydia Ochieng Obbo declines, Sarah Lubega appointed as arbitrator.
- Each party to bear its own costs for this application.
Rules and key headnotes
Legislation cited (1)
- Arbitration and Conciliation Act Cap.4 s.12(1)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.