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This blog does not contain legal advice. The legal information is provided for general informational and educational purposes only and is not a substitute for professional advice. Accordingly, before taking any actions based on such information, we encourage you to consult with the appropriate professionals. Authors are liable for any plagiarism and Lawpoint Uganda won`t have liability towards the same.
The use of permissive language ('may') in an arbitration clause does not make arbitration optional once a court identifies a valid agreement. High Court in Arua Rules.
The court held that where a valid and enforceable arbitration agreement exists, the court's jurisdiction is ousted and the dispute must be subjected to arbitration. The court cited the Court of Appeal's decision in Babcon Uganda Limited versus Mbale Resort Hotel Limited, CACA No. 87 of 2011, where it was observed that....The court further noted that enforcement of arbitration agreements is intended to respect freedom of contract and foster party autonomy, and that the court's
Waboga David
Apr 157 min read
High Court Clarifies Principles for Interim Measures in Arbitration and Enforcement of Performance Bonds
Facts Adler Construction Company Ltd (the Applicant) applied under Section 6 of the Arbitration and Conciliation Act, Cap. 4 and...
Waboga David
Oct 12, 20255 min read
ALTERNATIVE OR ‘‘APPROPRIATE’’ DISPUTE RESOLUTION.
ADR in Uganda is a well-established mechanism, deeply integrated into the legal system through constitutional, statutory and institutional support. It has proven its effectiveness in reducing the caseload in the county. While challenges like limited awareness and funding persist, the judiciary has a role to play in enhancing the application of ADR in Uganda.
Lawpointuganda
Jun 27, 202510 min read
High Court rules that arbitration clauses in a contract are enforceable and binding, and attempts at amicable resolution, once exhausted, activate the mandatory arbitration route under agreements.
The court observed that where a contract contains a valid and enforceable arbitration clause, courts are obliged to refer disputes to arbitration unless the clause is null, void, inoperative, or incapable of being performed.
Waboga David
Jun 10, 20252 min read
High Court Clarifies Limits of Judicial Recourse Against Arbitral Awards Under Section 34 of the Arbitration and Conciliation Act
The court made a comparative reference to the U.S. case Hohenzheft v Superior Court of Los Angeles County (2024) 318 Cal.Rptr.3d 475, where the court ruled that arbitrators cannot unilaterally extend time limits.
The Ugandan legal position differs, but the Court noted that this ambiguity warrants legislative review.
Lawpointuganda
May 22, 20253 min read
THE SUPREME COURT REAFFIRMS THAT ONLY PARTIES TO A CONTRACT (OR THOSE VALIDLY ASSIGNED) CAN SUE OR BE SUED ON IT. MERE PERFORMANCE OF A CONTRACT DOES NOT SUBSTITUTE FOR FORMAL ASSIGNMENT OR NOVATION.
Allegations of fraud, especially where fraud vitiates the contract, must be scrutinised by the court. Arbitration cannot cure contracts tainted by fraud or concealment of material facts, as this is contrary to public policy.
Cleopatra Abikiira
Apr 28, 20258 min read
HIGH COURT HAS EMPHASIZED THAT AN ARBITRATOR MUST MAINTAIN ACCURATE RECORDS TO PREVENT BIAS ALLEGATIONS-COURTS WILL NOT INTERFERE WITH ARBITRATION AWARDS APART FROM PROCEDURAL IRREGULARITIES.
While the Court does not re-evaluate evidence, it has to ensure that arbitration proceedings adhere to the principles of fairness and due pr
Lawpointuganda
Mar 8, 20252 min read
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