The Uganda Law Reform Commission, in collaboration with the Justice, Law and Order Sector, successfully completed a comprehensive study aimed at reviewing and enhancing the efficacy of the Arbitration and Conciliation Act, Cap. 4. The study sought to address potential gaps in the existing legal framework related to arbitration and conciliation, identify international best practices in dispute resolution procedures, and propose necessary reforms.
The research process involved extensive consultations with key stakeholders, ensuring inclusivity and diverse perspectives in the recommendations made. Under the guidance of a proficient technical working group, the study encompassed a wide range of crucial aspects related to arbitration and conciliation.
Key Recommendations:
- Enhanced Definition of Arbitration Agreement: The Commission recommended the provision of a more comprehensive and precise definition and form of an arbitration agreement to bolster clarity and effectiveness in arbitration proceedings.
- Modernized Framework for Institutional and Ad Hoc Arbitration: The proposed reforms aimed to establish a modernized framework that facilitates both institutional and ad hoc arbitration, streamlining the arbitration process to meet contemporary requirements.
- Distinction between Domestic and International Arbitration: The Commission sought to clarify the distinction between domestic and international arbitration to ensure appropriate jurisdiction and enforceability of arbitral awards.
- Immunity of Arbitrators and Interim Measures: Recommendations included provisions for granting immunity to arbitrators to safeguard their independence, as well as empowering the arbitration tribunal to issue and enforce interim and preliminary measures, ensuring a fair and efficient arbitration process.
- Determining Arbitrability: The study addressed the critical issue of arbitrability, providing clarity on matters that are suitable for arbitration and those that should be excluded.
- Setting Aside Arbitral Awards: The Commission proposed comprehensive grounds and powers for the court in setting aside an arbitral award, ensuring a robust mechanism to address any potential irregularities.
- Harmonization of Rules and Sections: The study report highlighted inconsistencies in the Act and provided a roadmap for harmonizing rules and sections, promoting coherence and consistency in the legal framework.
Conclusion:
The Uganda Law Reform Commission successfully conducted an in-depth study to review the Arbitration and Conciliation Act, Cap. 4, focusing on ensuring the adequacy of the legal framework for arbitration and conciliation. Through thorough consultations and under the guidance of a dedicated technical working group, the project culminated in the preparation and submission of a detailed study report, complete with well-crafted recommendations and a draft Bill, to the Hon. Attorney General and other relevant implementing MDAs. This completed project marks a significant milestone in the pursuit of a robust and efficient dispute resolution system in Uganda.
Category:
Completed Projects