Rocktrust Contractors (U) Limited v DFCU Bank Limited
Rocktrust Contractors (U) Limited v DFCU Bank Limited (Miscellaneous Application 1033 of 2023) [2023] UGCommC 195 (30 October 2023)
The Court found that arbitration between the parties had already commenced pursuant to the Deed of Assignment, and the arbitrator is empowered to determine the scope of the arbitration agreement under the kompetenz-kompetenz doctrine. The consolidated suits are stayed pending the outcome of arbitration, as residual issues may remain for court determination depending on the arbitrator's findings. The applicant demonstrated a serious question for arbitration and risk of irreparable injury if interim protection was not granted, justifying a temporary injunction to preserve the status quo. The cl…
Source excerpt
- Arbitration Agreement Scope
- Interim Injunctions
- Contract Financing Disputes
- Stay Of Proceedings