Arbitration and Alternate Dispute Resolution

Inyangat v Oligo ((Misc. Appl. No. 280 of 2000)) [2002] UGHC 41 (9 March 2002);

Flynote: 

Search Summary: 

In this case the applicant sought court for orders that the suit be stayed, matter be referred for arbitration and parties be directed to co appoint an arbitrator in a time prescribed by court. This was on grounds that the partnership deed between the applicant and respondent stipulated that any dispute between them would be resolved by arbitration.
 

Headnote and Holding: 

Court considered whether the proceedings before court should be stayed and the matter be referred for arbitration as stipulated by the partnership deed between the parties. Court held it could not grant the application for stay of proceedings for the matter to be referred for arbitration. Court was satisfied from its findings that the partnership between the parties had long expired or ceased to exist. For that matter there is no way the partnership deed could be brought to operate as in between the parties since the partnership no longer existed between the parties hence the suit could not be stayed for parties to arbitrate.

Accordingly court dismissed the application with costs.

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