International Commercial Arbitration at Uganda

Certainly! Here’s a detailed overview of International Commercial Arbitration in Uganda:

🔹 International Commercial Arbitration in Uganda

1. Legal Framework

Uganda’s arbitration regime is governed by the Arbitration and Conciliation Act, Cap 4 (revised 2010).

The Act is largely based on the UNCITRAL Model Law on International Commercial Arbitration, ensuring a modern and internationally compatible legal framework.

The law applies to both domestic and international commercial arbitration.

2. Arbitration Agreements and Procedures

Parties are free to agree on arbitration clauses and procedures.

The Act provides for appointment of arbitrators, conduct of proceedings, and powers of arbitral tribunals.

It emphasizes party autonomy and minimal court intervention.

3. Recognition and Enforcement of Awards

Uganda is a party to the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (ratified in 1991).

This means foreign arbitral awards are generally recognized and enforceable in Ugandan courts.

The Arbitration Act also sets out the grounds for refusing enforcement, which align with the New York Convention.

4. Arbitration Institutions

Uganda hosts the Uganda Arbitration and Conciliation Centre (UACC), which provides facilities and administrative support for arbitration and mediation.

Parties may also opt for international arbitration institutions (e.g., ICC, LCIA) for cross-border disputes involving Ugandan parties.

5. Judicial Attitude and Support

Ugandan courts generally uphold arbitration agreements and are supportive of arbitration as a dispute resolution method.

Courts intervene mainly to assist arbitration (e.g., appoint arbitrators if parties fail to do so) and to enforce awards.

Judicial interference is limited to preserving the arbitration process and upholding procedural fairness.

6. Practical Considerations

Arbitration in Uganda is increasingly popular for commercial disputes, including cross-border trade.

The country’s arbitration laws make it a relatively favorable jurisdiction for arbitration in East Africa.

English is the primary language of arbitration proceedings, aligning with international standards.

Summary

Uganda has a modern arbitration law based on the UNCITRAL Model Law, applicable to both domestic and international disputes.

It is a signatory to the New York Convention, facilitating enforcement of foreign awards.

The Uganda Arbitration and Conciliation Centre (UACC) provides institutional support.

Courts support arbitration agreements, provide assistance when necessary, and enforce arbitral awards.

Uganda is considered a viable seat for international commercial arbitration in East Africa.

 

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