Summary

Introduction

An arbitrator be appointed by this Court to adjudicate the dispute between the Applicants and the Respondent arising from the breach25 of the terms of the contract as the Owner's Engineer to supervise the development of infrastructure in the Kampala Industrial Business Park in Namanve.

In the alternative, an authority be appointed to assign an arbitrator to adjudicate the dispute between the Applicants and the Respondent.

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Accordingly, it is hereby ordered that:

The parties are hereby given twenty (20) days from the date of this Ruling to agree on an arbitrator. In the event of failure, either party shall submit a written request to ICAMEK as an appointing authority under the Arbitration and Conciliation Act to appoint an arbitrator.

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Arbitration law - appointment of arbitrators - party autonomy - court intervention limited where institutional appointing authority exists (ICAMEK designated 23 April 2019). Civil procedure - interlocutory relief - court to preserve arbitration agreement and refer parties to appointing authority where available. Arbitration and Conciliation Act - Sections 2, 9 and 11 - role of appointing authority and limits on judicial appointment.