Judicial Review and Arbitration: Delineating the Scope of Court’s intervention in Arbitration in Uganda

Article No 1/2020 of the ALP Law Review Series reflects on the role of the courts in Uganda in arbitration and in particular the attempts to use judicial review to challenge decisions of arbitral bodies and arbitral awards.The jurisdiction of courts to intervene in arbitration matters in Uganda is regulated by section 9 of the Arbitration and Conciliation Act, Cap4 (as amended). In three notable 2019 decisions in International Development Consultants Ltd. v Jimmy Muyanja & Others, Misc. Cause No133/2018; Global Industries Ltd. v Trident Infratech Ltd., Misc.Application No 250/2019 and Fountain Publishers v Nantamu & Another,Arbitration Cause No 1/2011 in 2019, the High Court addressed the availability of judicial review in addressing disputes that involved arbitration law. The High Court explained the ouster of jurisdiction of courts to intervene in arbitral matters, which is the essence of section 9 of the Act, is to the extent as permitted under the law. The Court held that judicial review was therefore unavailable to any party aggrieved over anarbitral award, but it conceded that judicial review could be available in the instance of ultra vires exercise of power to appoint anarbitrator.

The detailed Article No 1/2020 isavailable for download as a PDF file .

Related Posts

ALP in the press

ALP Newsletters

Book Appointment

Email us for legal service

Mediation Services

The ALP Conflict Resolution Hub Mediation Service provides the most advanced global rules intended to assist parties and mediators to take maximum advantage of the flexible procedures available in mediation for the resolution of disputes quickly and economically.
The Mediation Service guides parties that opt for Dispute Management Clauses in their project contracts wherein the parties to the contract can jointly appoint a mediator to work together, in a more collaborative and mutually beneficial environment and oversee that their contracts proceed smoothly.

Arbitration Services

The ALP Conflict Resolution Hub Arbitration Service is based on the most efficient Arbitration Rules which help the parties and arbitrator to use the best available global practice for the resolution of domestic and international disputes quickly and economically by way of administered arbitration on global standards.
Additionally, the Arbitration Service provides for the appointment of emergency arbitrators, which allows the parties in need of emergency interim reliefs to make such applications even before the constitution of the regular arbitral tribunal.

Conciliation Services

The ALP Conflict Resolution Hub Conciliation Service provides an impartial, fast and effective conciliation operating to a uniformly high standard in both the public and private sector.
Participation in the Conciliation Service processes is voluntary, and so are the outcomes.Solutions are reached only by consensus whether by negotiation and agreements facilitated between the parties themselves or by the parties agreeing to settlement terms proposed by the Hub Conciliation Officer who treats as confidential all information received during the course of conciliation and the service is informal and non-legalistic in practice.

Ombudsman Services

The ALP Conflict Resolution Hub Ombudsman Service is a confidential, impartial and informal service that facilitates the resolution of disputes. A Hub Ombudsman helps parties analyze problems and assists in identifying options and can, only if requested, become involved in trying to resolve issues.
What’s more, the Hub Ombudsman Service alert managements to systemic trends and issues and makes recommendations for necessary changes in their fields.