Ruling in Kilembe Mines Ltd v BM Steel Ltd (HCT-00-CC-MC 2 of 2005)
Ruling in Kilembe Mines Ltd v BM Steel Ltd (HCT-00-CC-MC 2 of 2005) [2005] UGCommC 40 (13 July 2005)
The court found that the arbitrator exhibited evident partiality by failing to scrutinize the respondent's claim for special damages with the same rigor applied to the applicant's counterclaim. The arbitrator accepted the respondent's evidence without adequate questioning or assessment, while subjecting the applicant's claims to detailed analysis and ultimately rejecting them for lack of proof. Additionally, the arbitrator unjustifiably refused to allow the applicant to call key witnesses, including an auditor and an electrical engineer, thereby preventing the applicant from fully presenting…
Source excerpt
- Arbitration Awards
- Setting Aside Award
- Evident Partiality
- Presentation Of Case
- Damages Assessment