THE INDUSTRIAL COURT’S JURISDICTION IN DETERMING CLAIMS REGARDING CONTRACTS WITH ARBITRATION CLAUSES: A CASE REVIEW OF GIORGIO ZENEGALI VS. SARI CONSULTING LTD. (LABOUR DISPUTE REFERENCE NO. 299 OF 2019).
Introduction . Arbitration clauses are a common feature in different kinds of contracts, as a dispute resolution mechanism in case of any hiccups during the execution of the contract. Usually, where parties have agreed to arbitration as the dispute resolution mechanism, it is mandatory and the parties cannot then go to the courts of law on first instance to resolve the dispute except where the arbitration clause is null and void. In other words, the courts of law would have no jurisdiction to entertain a dispute where the parties agreed to arbitration as the dispute resolution mechanism. However, where it comes to matters relating to employment (contracts of or for services), the Industrial Court of Uganda has held that an arbitration clause notwithstanding, the Industrial Court still has jurisdiction over disputes arising from employment related matters. This blog reviews the Industrial Court’s ruling in Giorgio Zenegali v Sari Consulting Ltd (Labour Dispute Reference No. ...