Wakilii

Wilsken Agencies Ltd v International Rescue Committee Inc. (Cad arb no. 8 of 2012)

Court of Appeal · [2011] UGCA 11 · 2011 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to the Centre for Arbitration and Dispute Resolution for appointment of an arbitrator
Decision
Arbitrator appointed; matter to proceed to arbitration

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

On an unopposed application invoking the contractual arbitration clause, CADER, exercising its power to appoint an arbitrator under section 12(1) of the Arbitration and Conciliation Act, nominated Jackie Nakalembe as arbitrator, with Lydia Ochieng Obbo and then Sarah Lubega named as sequential alternatives should the nominee decline. The parties agreed that each would bear its own costs of the application.

Outcome

Arbitrator appointed; matter to proceed to arbitration

Facts

The parties were bound by a contract containing an arbitration clause requiring that any controversy, claim or dispute arising out of or relating to the agreement be settled solely and exclusively by binding arbitration in Uganda, conducted under the prevailing commercial arbitration rules. A dispute arose between Wilsken Agencies Ltd and International Rescue Committee, Inc. concerning the interpretation of the contract. Wilsken Agencies Ltd applied to CADER for the appointment of an arbitrator. The respondent did not oppose the application, and both parties agreed to bear their own costs. The parties were agreed that the dispute revolved around interpretation of the contract in dispute.

Issues

  1. Whether an arbitrator should be appointed to resolve the dispute arising out of the parties' contract.

Orders

  • Jackie Nakalembe nominated as arbitrator in the matter.
  • Should Jackie Nakalembe decline, Lydia Ochieng Obbo, then Sarah Lubega, appointed in sequential order under s.12(1) of the Arbitration and Conciliation Act.
  • Each party to bear its own costs of the application.

Rules and key headnotes

Arbitration & ADR — Appointment of Arbitrator — CADER's Power under s.12(1) Arbitration and Conciliation Act
Where parties have agreed to refer disputes to binding arbitration, the Centre for Arbitration and Dispute Resolution may, under section 12(1) of the Arbitration and Conciliation Act, nominate an arbitrator and designate alternative appointees to act sequentially should a nominee decline.

Legislation cited (1)

  • Arbitration and Conciliation Act Cap.4 s.12(1)

Full judgment

↓ Download PDF

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

Wilsken Agencies Ltd v International Rescue Committee Inc. (Cad arb no. 8 of 2012) [2011] UGCA 11 (7 March 2011)
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.