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|Title:||THE ROLE OF NATIONAL COURTS IN ARBITRATION: AN EXAMINATION OF THE ATTITUDE OF UGANDAN COURTS|
|Authors:||OCEN, MILTON FRED|
Centre for Arbitration and Dispute Resolution (CADER)
|Publisher:||The British University in Dubai (BUiD)|
|Abstract:||This study examined the attitude of Ugandan courts towards arbitration in order to facilitate efficient resolution of construction disputes which are better resolved by arbitration. The investigation was done through a case-study research design involving a desk review of existing literature, legislation and the cases decided by the courts in Uganda in order to establish how the Ugandan judiciary has facilitated the growth of the process. The study notes that the courts in Uganda are generally supportive of the arbitration process as exemplified by their tendency to recognize a valid arbitration agreement and unwillingness to examine evidence that is before an arbitral tribunal among others. It however notes some challenges that need to be addressed including: ambiguity in some parts of the substantive law on arbitration, knowledge gaps among lawyers on how the arbitration process operates, as well as a shut down on arbitration due to an abeyance in the powers of Centre for Arbitration and Dispute Resolution (CADER) to appoint arbitrators following a High Court ruling against the Executive Director’s exercise of the said powers without a constituted Council. Needless to say, CADER has also been operating with significantly low levels of funding.|
|Appears in Collections:||Dissertations for Construction Law in Dispute Resolution (CLDR)|
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