The Industrial Court held that the Mbale Labour Officer lacked territorial jurisdiction over a dispute arising from Kampala and set aside the award and reference.
Excel Construction Ltd v GCC Services (U) Ltd (Miscellaneous Cause No. 156 of 2017) [2017] UGCommC 250 (6 September 2017)
Court
Commercial Court of Uganda
Case number
Miscellaneous Cause No. 156 of 2017
The court found that it has substantive power and discretion under Section 34(5) of the Arbitration and Conciliation Act and Rule 12 of the Arbitration Rules to order security for performance of an arbitral award where an application to set aside the award is pending. The absence of assets within the jurisdiction, especially for a Ugandan-registered company, and the lack of prejudice to the respondent if security is ordered, are sufficient grounds to grant the application. The court distinguished authorities cited by the respondent and found that the risk of non-recovery by the applicant just…