Uganda - National Report - World Arbitration Reporter (WAR) - 2nd Edition

Originally from:  

World Arbitration Reporter - 2nd Edition - Looseleaf

World Arbitration Reporter - 2nd Edition - Electronic

UGANDA

Phillip Bliss Aliker∗

I. INTRODUCTION: ARBITRATION IN UGANDA –
HISTORY AND INFRASTRUCTURE

A. History and Current Legislation on Arbitration

1. Historical evolution of law relating to arbitration

The Arbitration and Conciliation Act 20001 (“ACA”) supersedes the Arbitration Act Cap 55. As a former British Protectorate, the law of Uganda draws heavily on English legal principles. The old provisions of the Arbitration Act were complex and enforcement of international awards was by no means straightforward. Uganda does not have a long history of formal arbitration. However, in recent years Uganda has established itself as a willing recipient of foreign direct investment and with that she has embraced the best international standards of arbitral practice reflected in the ACA which closely follows the United Nations Commission on International Trade Law model law (“UNCITRAL” Model Law) including the UNCITRAL Arbitration Rules and the UNCITRAL Conciliation Rules. The ACA eliminates the need for complex analysis of incoherent residual British colonial legislation.2

2. Current law; domestic and international arbitration law

The law on arbitration in Uganda, both domestic and foreign, is contained within the ACA. Unless stated otherwise, all references in this chapter are references to sections in the ACA. The Arbitration Rules (“AR”) appear in the First Schedule to the ACA. Civil Procedure Rules (“CPR”) made under the Civil Procedure Act 1964 (as revised) apply in the Courts of Uganda. The occasional reference is made to CPR Order XLVII in the ACA. This rule pre-dates the ACA and is only of residual relevance; the primary source of arbitration law is now the ACA.

UGANDA

I. INTRODUCTION: ARBITRATION IN UGANDA – HISTORY AND INFRASTRUCTURE

A. History and Current Legislation on Arbitration  

1. Historical evolution of law relating to arbitration  

2. Current law; domestic and international arbitration  

3. Law reform projects  

4. Confidentiality and publication awards  

B. Arbitration Infrastructure and Practice in Uganda

1. Major arbitration institutions

2. Number of cases and statistics

3. Development of arbitration compared with litigation  

II. CURRENT LAW AND PRACTICE  

A. Arbitration Agreement  

1. Types and validity of agreement  

2. Enforcing arbitration agreements

3. Effects on third parties  

4. Termination and breach

B. Doctrine of Separability

C. Jurisdiction

1. Which forum decides jurisdiction

2. Prima facie determination

3. Competence-competence

4. Interaction of national courts and tribunals

D. Arbitrability  

E. Arbitral Tribunal

1. Status and qualification of arbitrators

2.  Appointment of arbitrators

3. Challenge and removal

4. Arbitrator liability and immunity  

F. Conducting the Arbitration

1. Law governing procedure

2. Conduct of the arbitration

3. Taking of evidence  

4. Interim measures of protection 

5. Interaction between national courts and arbitrations tribunals

6. Multiparty, multi-action and multi-contract arbitration

7. Law and rules of law applicable to merits  

8. Costs  

G. Arbitration Award

1. Types of award  

2. Form requirements  

3. Remedies

4. Decision making  

5. Settlement

6. Effects of award

7. Correction, supplement, and amendment  

H. Challenge and Other Actions Against the Award  

1. Setting aside

2. Appeal on the merits

III. RECOGNITION AND ENFORCEMENT  

A. Domestic Awards  

B. Foreign Awards  

1. Various regulatory regimes  

2. Distinction between recognition and enforcement  

3. Application of the New York Convention by local courts

IV. APPENDICES AND RELEVANT INSTRUMENTS  

A. National Legislation (See CD-ROM)

B. Major Arbitration Institutions  

C. Cases 

D. Bibliography

Phillip Bliss Aliker is a Barrister of the Honourable Society of the Inner Temple at Tanfield Chambers in London specialising in international commercial contractual disputes including international commercial arbitration. He is an advocate of the High Court of Uganda, the Dubai International Financial Court and he is admitted as a Foreign Legal Consultant in the State of New York. As a Chartered Arbitrator and a Fellow of the Chartered Institute of Arbitrators he accepts appointments in ad hoc and institutional arbitrations. He is a panel member of the Chartered Institute of Arbitrators London and Kenya Branch, the Center for Arbitration and Dispute Resolution in Uganda, the Arbitration Foundation of South Africa and the Center for Justice in the City of London. He holds a Bachelor of Arts from Vanderbilt University, an LLB from the University of Leeds, and a Diploma in International Commercial Arbitration from the School of Arbitration at Queen Mary and Westfield College University of London.