REASONS FOR JUDGMENT

1 The applicant, Uganda Telecom Limited (UTL), seeks to have recognised and to enforce in Australia an award dated 29 April 2009 (the Award) made by Mr R Kafuko Ntuyo (the arbitrator) who was appointed in early 2009 by the Centre for Arbitration and Dispute Resolution in Kampala, Uganda (CADER) to arbitrate certain disputes which had arisen between UTL and the respondent (Hi-Tech). The arbitration took place in Uganda and the Award was made in Uganda.

2 In its Application, UTL also claims, in the alternative, common law damages for breach of contract in respect of the underlying contract which was the basis of the relief granted in the Award. If the Court enforces the Award, the common law damages claims will fall away.

3 UTL is a corporation duly incorporated under the laws of the Republic of Uganda. It is based in Kampala, Uganda. UTL owns telecommunications facilities in Uganda and provides telecommunications services there. Hi-Tech is a corporation duly incorporated in Australia. It provides telecommunications services to customers in Australia.