Patrick Bitature & Another v Muhairwe & Another T/A Agaba Muhairwe & Co. Advocates
Patrick Bitature & Another v Muhairwe & Another T/A Agaba Muhairwe & Co. Advocates (Miscellaneous Application 1314 of 2024) [2025] UGCommC 30 (27 February 2025)
The Court found that Clause 7 of the Agreement provides for both arbitration and court litigation as dispute resolution mechanisms, but the proper interpretation, guided by principles of contract interpretation and commercial sense, is that arbitration takes precedence unless the arbitration agreement is null and void, inoperative, or incapable of being performed. There was no evidence that the arbitration agreement was unenforceable. The Court held that party autonomy in arbitration must be respected and that the dispute in Civil Suit No. 0544 of 2020 falls within the scope of the arbitratio…
Source excerpt
- Arbitration Agreement Enforceability
- Contractual Dispute Resolution Clauses
- Party Autonomy In Arbitration
- Stay Of Court Proceedings