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United Kingdom

Uganda: prior arbitral award triggers res judicata; civil litigation test applies; court review limited to perversity or wrong law; bias needs evidence; computational errors for correction, not setting aside

Published on: 17 November 2025

Published by a LexisNexis Arbitration expert
Legal News
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Article summary

China Railway 18th Bureau (Group) Co Ltd v Tumo Technical Services Ltd , Miscellaneous Cause No 72 of 2025) [2025] UGCommC 393 (23 October 2025)

What are the practical implications of this case?

Beyond restating that prior arbitral awards carry res judicata consequences for later arbitrations, the ruling makes two key points. First, for arbitration seated in Uganda, the operative res judicata standard mirrors that used in ordinary court proceedings. Secondly, where a setting-aside application targets the tribunal’s ruling on a res judicata objection, that ruling will only be overturned if shown to be perverse or anchored on incorrect propositions of law. Practitioners should keep this firmly in mind and evaluate the res judicata reach of any earlier awards using the proper test: demonstrating that the claim or issue has already been heard and conclusively determined by a competent court or tribunal, in previous proceedings where the same claim or issue was directly and substantially in issue between the same parties, or parties through whom they claim, litigating under the same title...

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