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Latest in Arbitration Law Series: A party who participates in an arbitration and never raises objections during the proceedings is estopped from objecting to an award on a technicality.

Elgonia One Cafe International Limited & 3 Others v Stanbic Bank Uganda Limited & Another, Misc. Appln No. 259/2020 Ruling delivered on October 3, 2024 by Hon. Lady Justice Margaret Apiny Attention! A dispute that is not arbitrable as per the terms of the arbitration agreement is still capable of being resolved by arbitration as […]
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Latest in Arbitration Law Series: An arbitration agreement is separate and distinct from the contract in which it is contained

Plinth Consultancy Services Ltd v. Inyatsi Construction Ltd, Inyatsi Group Holdings (Pty) Ltd & Absa Bank (U) Ltd, Misc. Cause No. 0053/2024. Ruling delivered on August 30, 2024 by Hon. Lady Judge Harriet Grace Magala. Attention! Arbitration without privity is an exception of the doctrine of privity of contract. Background to the case This was […]
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The Epic Journey

“Excellence isn’t just a benchmark; it’s our starting point, our journey, and our destination.” Ann begun her illustrious career at MB Gimara Advocates as a Legal Assistant in September 2009. Because of her critical and extraordinary attention to detail, she quickly rose through the firm’s ranks and was at the position of Senior Legal Associate […]
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Third Party Funding in International Arbitral Proceedings: Is Uganda ready for a transition?

International arbitration at a glance Investors, project financers, and parties from different jurisdictions that execute contracts are now insisting on a Dispute Resolution (DR) clause that provides for Alternative Dispute Resolution (ADR) mechanisms for the resolution of any disputes that arise. The specific ADR mechanism of preference is arbitration.  Arbitration is especially preferred because of […]
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Recent amendments to Laws and Regulations in respect to companies and other entities.

Amendments in respect to Beneficial Owner Compliance have been introduced by; Companies, Partnerships, Trusts and Cooperative Societies are required to file with their respective regulatory bodies, on an annual basis, an updated and consolidated register of their beneficial owners. They are further required to in writing advise on any change or discrepancy in the filed […]
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Latest in Contract Law Series: After signing a document whose terms expressly indicate the intention of the parties, a party is estopped from departing from the terms contained in the signed document.

    Ben Kavuya & 2 Others v Wakanyira David George, SCCA No 31/2021 [2024] UGSC 13 (judgment delivered on June 18, 2024)   Background to the case   Attention! Save for exceptional circumstances, the terms of a written contract cannot be varied by terms orally agreed upon by parties.   The respondent to this […]
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Latest in Arbitration Series: The Supreme Court of Kenya confirms the principle of finality of Arbitral Proceedings.

Kampala International University V Housing Finance Company Limited Petition No. 34 (E035) of 2022(Supreme Court of Kenya), Judgment delivered on 12th April 2024 Background to the case Sometime in October 2017, the Appellant instituted arbitration proceedings against the Respondent, arising from a dispute of over $3,883,368. The Respondent filed a counterclaim to the tune of […]
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WhatsApp Messages can constitute a valid contract as long as they satisfy the criterion of a valid contract.

WhatsApp Messages can constitute a valid contact as long as they satisfy the criterion for a valid contract which is; the making of an offer, the acceptance of the offer and consideration for services rendered arising from the offer made. Hon Lady Justice Patricia Kahigi Asiimwe Resolved that WhatsApp messages are data messages and hence […]
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Latest in Arbitration Series: Parties cannot agree to the constitution of an arbitral tribunal outside the provisions of an arbitration agreement without obtaining all the required consent.

Uganda Civil Aviation Authority v Central Plumbing Works (U) Limited, Misc. Cause No. 037/2023. Ruling delivered on January 25, 2024 by Hon. Judge Musa Ssekaana Attention! The appointment of the Chairperson of the Tribunal by the Executive Director, Centre for Dispute Resolution (CADER) without the approval of the Solicitor General is irregular and illegal Background […]
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Latest in Arbitration Series: The High Court has the discretion to issue a post-award protective measures under s. 98 of the Civil Procedure Act

Vantage Mezzanine Fund II Partnership & Another v Commissioner Land Registration & 7 Others, Misc. Application No 2484 of 2023 Attention! Section 6 of the Arbitration and Conciliation Act Cap 6 is not a bar to Court exercising its inherent powers under section 98 of the Civil Procedure Act Cap 71 and section 33 of […]
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Recent Posts

Latest in Arbitration Law Series: A party who participates in an arbitration and never raises objections during the proceedings is estopped from objecting to an award on a technicality.

Latest in Arbitration Law Series: A party who participates in an arbitration and never raises objections during the proceedings is estopped from objecting to an award on a technicality.

  • October 9, 2024
Latest in Arbitration Law Series: An arbitration agreement is separate and distinct from the contract in which it is contained

Latest in Arbitration Law Series: An arbitration agreement is separate and distinct from the contract in which it is contained

  • September 5, 2024

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