Mbarara University of Science & Technology v Block Technical Services Limited
Mbarara University of Science & Technology v Block Technical Services Limited (Miscellaneous Application 397 of 2022) [2023] UGHC 273 (10 May 2023)
The court found that the contract's dispute resolution mechanism requires disputes to first be referred to an adjudicator, and only after an adjudicator's decision may arbitration be pursued. The contract does not contain a clear, direct arbitration clause for the present dispute, which concerns breach of contract rather than a project manager's decision. The relevant clauses (GCC 33.1-34.4 and SCC) do not provide for immediate arbitration, and the court cannot enforce a vague or defective arbitration clause. Therefore, the application to refer the dispute to arbitration was dismissed. Howeve…
Source excerpt
- Arbitration Agreement Validity
- Contractual Dispute Resolution
- Preliminary Objection
- Adjudicator Role