ABM Chambers, House 42 | 54 Kanjokya

law@abmadvocates.com

ARBITRATION

Similar to mediation, Arbitration involves the process of resolving disputes outside of court.

At ABM, we like to think of arbitration as a “knockout session”. This is mainly because unlike in Court matters which allow for appeals, or mediation which can be challenged, arbitration awards are final and binding on the parties.

The process of arbitration is quite similar to that of a court room, with its own set of rules but it all happens in a closed and more pleasant and tranquil setting.

Our team of lawyers practice arbitration from both sides of the coin, that is as experienced lawyers in arbitration matters and as arbitrators themselves.

Arbitration in Uganda is both institutional and ad hoc and is a very friendly and time saving method of solving disputes. Most Arbitration are concluded in a space of months as opposed to years for most court cases

Ad Hoc Arbitration

In ad hoc arbitration, the parties have the sole and absolute discretion to identify the entire process of the arbitration of their dispute that includes the rules to follow, the number of arbitrators, the selection of arbitrators, the applicable law, the seat, the administrative support and accordingly the process is not guided or administered by any institution per se but by the parties themselves usually by way of contract.
This in essence means that the parties have identified (usually prior to any dispute ever arising) the type of process that will be adopted should a dispute ever occur. This in deed simplifies and quickens the process of resolving disputes between parties and ensures from the beginning of any relationship between the parties the rules that will guide the end of their relationship.

The advantage with ad hoc arbitration is that it reduces any form of emotional interference in handling disputes. It keeps the process fresh and simple enough and the parties are aware of the finality of the decisions arrived at by the arbitrator(s).

As lawyers, our team provides the mastery in legal representation for arbitration matters extending to procedural techniques and applying skill and knowledge of the vast numbers of rules adopted in arbitration.

As accredited arbitrators in our own right, our team understands the role of arbitrators much like that of a Judge in a court proceeding especially regarding impartiality, reviewing the evidence and understanding the law. Our team has arbitrated for both local and international transactions and have the experience and skill to handle a diverse number of arbitration cases.

Institutional Arbitration

It is important to note that arbitration will always be a choice of the parties jointly and in determining whether the parties adopt institutional arbitration will based on the terms of the contract between the parties.

Uganda has two main Arbitration Centres that handle a vast number of arbitration matters including contractual enforcements and interpretation. These are the Centre for Arbitration and Dispute Resolution (CADER) and the International Centre for Arbitration and Mediation Kampala (ICAMEK).

In addition to these Centers, parties are also able to adopt institutional arbitration from other internationally recognized arbitration Centers such as the Chartered Institute of Arbitrators, the International Court of Arbitration, International Chamber of Commerce (ICC), World Intellectual Property Organization Arbitration and Mediation Centre, Mediation and Conciliation Network, India amongst others.

Our team are members of various institutions acting in various capacities such as Negotiators, Mediators and Arbitrators, trained and skilled as both Counsel in Arbitration and as Arbitrators.

With these expert skills, we at ABM are able to represent clients in various capacities and have been appointed as Arbitrators to handle a vast scope of legal issues arising from disputes in the contracts such as Intellectual property matters, Corporate financing and Rewards, Contractual services and breaches amongst others.

Our expertise enables understanding the need for complete impartiality and fact finding processes, speedy and well researched findings and awards. We understand that in Institutional arbitration, awards may be final and binding on the parties and therefore it is important to understand the subject case entirely before taking any action, in order to represent clients appropriately or reach impartial and well researched findings.