Ajanta Pharma Ltd v Attorney General & Anor (Arbitration Cause No. 11 of 2011)
Ajanta Pharma Ltd v Attorney General & Anor (Arbitration Cause No. 11 of 2011) [2012] UGCommC 90 (16 August 2012)
The court found that the order terminating the arbitral proceedings was not an arbitral award within the meaning of the Arbitration and Conciliation Act, and thus section 34 did not apply. However, due to the absence of a statutory remedy for challenging such orders, the court exercised its inherent jurisdiction under the Judicature Act and Civil Procedure Act to address the applicant’s grievance. The agreement on arbitrator’s fees was vitiated by common mistake, as the Attorney General’s representative lacked authority to bind the government without accounting officer approval. The arbitrato…
Source excerpt
- Arbitral Award Definition
- Arbitrator Fees
- Contractual Mistake
- Public Policy Conflict
- Arbitrator Removal
- Arbitration Procedure