This matter arose from a dispute connected to investment and ancillary agreements for the Kabulasoke Solar Power Project in Uganda. Following arbitral proceedings before the London Court of International Arbitration, the respondent sought recognition and enforcement in Uganda of the final arbitral award, while the applicants objected on grounds including public policy, scope of submission to arbitration, alleged ambiguity concerning LIBOR-based interest, and related enforcement concerns.
The High Court considered the application within the framework of the Arbitration and Conciliation Act and the New York Convention. The Court addressed important issues on the recognition and enforcement of foreign arbitral awards, the limited grounds for resisting enforcement, the narrow application of the public policy exception, the treatment of arbitrable and non-arbitrable issues where they are inextricably connected, and the enforceability of interest provisions linked to LIBOR.
The Court dismissed the applicants’ objections, allowed the respondent’s application, and granted leave to enforce the final LCIA award in the same manner as a judgment or order of the High Court. The decision is a significant reference point in Uganda’s developing arbitration jurisprudence, particularly on foreign arbitral award enforcement, public policy objections, and court support for international arbitration.
Role / Representation
Kashillingi, Rugaba and Associates, Advocates & Tax Consultants appeared for the respondent, Great Lakes Energy Company NV, together with S & L Advocates.