Aya Investments (U) Limited v Industrial Development Corporation of South Africa
Aya Investments (U) Limited v Industrial Development Corporation of South Africa (Miscellaneous Cause 58 of 2021) [2023] UGCommC 143 (15 May 2023)
The Ugandan High Court lacks jurisdiction to set aside the South Africa arbitral award, as such jurisdiction vests exclusively in the courts of the seat of arbitration (South Africa). The application to set aside the award is misconceived. The award meets the formal requirements for recognition and enforcement under Ugandan law and the New York Convention. The applicant was properly notified of the arbitral proceedings and elected not to participate, thus cannot claim denial of fair hearing. The subject matter of the dispute—rights and obligations under the Financial Credit Agreements—is arbi…
Source excerpt
- International Arbitration
- Enforcement Of Foreign Awards
- Public Policy Exception
- Arbitrability Of Disputes
- Waiver Of Arbitration Rights
- Fair Hearing Rights