Uganda - National Report - World Arbitration Reporter (WAR) - 2nd Edition
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.
Originally from World Arbitration Reporter (WAR) - 2nd Edition
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 2000 (“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.