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TMA Architects and Another v Prome Sonsultants (Miscellaneous Cause 80 of 2023) [2023] UGCommC 44 (27 February 2023)
The High Court upheld an arbitrator’s jurisdiction, finding the parties validly varied their arbitration clause to ICAMEK and had delayed too long to object.
Pile Corporation Ltd v Twed Property Development Ltd (CAD/ARB/ 4 of 2018) [2018] UGCADER 2 (9 February 2018)
Clause 10 of the agreement between the parties constitutes a valid arbitration agreement under the Arbitration and Conciliation Act. The reference to 'failure of arbitration' does not render the clause inoperative, as the intention of the parties was to resolve disputes through arbitration first, with recourse to courts only upon failure of the arbitral process. The applicant's reference to mediators in correspondence is an error attributable to counsel and does not affect the enforceability of the arbitration clause. The respondent's refusal to cooperate in the appointment of arbitrators doe…
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