[2016] UGCommC 67

[2016] UGCommC 67

The court found that the Applicant's objection to the arbitrator was made belatedly, well after the appointment and after the reconciliation process had substantially progressed, including the issuance of a draft report and comments thereon. The evidence did not establish that the Applicant was unaware of Mr....

Source-derived case information.

Citation
[2016] UGCommC 67
Parties
Applicant: Wanzala Enterprises Limited; Respondent: Barclays Bank Uganda Limited
Court
Commercial Court of Uganda
Jurisdiction
Uganda
Judgment Date
9 September 2016
Case Number
Miscellaneous Application No. 754 of 2016
Procedural Posture
Miscellaneous Application / Ruling on Application to Disqualify Arbitrator/referee and Appoint a New One
Outcome
application dismissed
Legal Topics
Conflict of Interest, Arbitrator Disqualification, Referee Appointment, Reconciliation of Accounts, Waiver of Objection, Arbitration Procedure
Source Language
english
Commercial and Corporate Civil Procedure Alternative Dispute Resolution Conflict of Interest Arbitrator Disqualification Referee Appointment Reconciliation of Accounts Waiver of Objection +1 more

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Parties

Wanzala Enterprises Limited

Applicant

Barclays Bank Uganda Limited

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application to Disqualify Arbitrator/referee and Appoint a New One

Legal Issues

  1. 1 Whether the appointed arbitrator/referee (Messieurs Mungereza & Kariisa, Certified Public Accountants) is incapable of acting due to conflict of interest or likelihood of bias.
  2. 2 Whether the Applicant waived its right to object to the arbitrator/referee on grounds of conflict of interest.
  3. 3 Whether the court should appoint a new arbitrator/referee to reconcile the parties' accounts.

Ratio Decidendi

The court found that the Applicant's objection to the arbitrator was made belatedly, well after the appointment and after the reconciliation process had substantially progressed, including the issuance of a draft report and comments thereon. The evidence did not establish that the Applicant was unaware of Mr. Kariisa's directorship at the time of appointment, and the assignment was handled by another partner, Mr. Kwizina, not Mr. Kariisa. The court held that the challenge procedure under the Arbitration and Conciliation Act requires objections to be raised within 15 days of becoming aware of the grounds, which was not done. The court further noted that the arbitrators are officers of the...

Court Disposition

application dismissed

Orders

  • The application to disqualify Messieurs Mungereza & Kariisa, Certified Public Accountants as arbitrator/referee is dismissed.
  • The auditor assigned (Mr. Kwizina) shall proceed to file the final award answering the terms of reference within 14 days from the date of this ruling.