Alternate Dispute Resolution Law at Uganda
Uganda has established a comprehensive legal framework for Alternative Dispute Resolution (ADR), encompassing arbitration, mediation, and conciliation. This framework aims to provide efficient, cost-effective, and accessible mechanisms for resolving disputes outside the formal court system.
⚖️ Legal Framework for ADR in Uganda
1. Arbitration and Conciliation Act (2000, amended 2008 & 2024)
The Arbitration and Conciliation Act is the cornerstone of ADR legislation in Uganda. It governs domestic and international commercial arbitration, as well as conciliation processes. The Act incorporates principles from the UNCITRAL Model Law, promoting party autonomy and procedural flexibility. Key features include:
Establishment of the Centre for Arbitration and Dispute Resolution (CADER): CADER, under the Ministry of Justice, oversees ADR activities, accredits practitioners, and provides administrative support.
Recognition of Foreign Arbitral Awards: Uganda enforces foreign arbitral awards under the New York Convention (1958) and the ICSID Convention, enhancing its attractiveness for international dispute resolution.
2. Judicature (Mediation) Rules (2013)
These rules mandate the use of mediation in certain civil disputes before proceeding to trial. They aim to encourage amicable settlements and reduce the backlog of cases in the judicial system.
3. Tax Procedures Code (Amendment, 2021)
The amendment introduced provisions for settling tax disputes through ADR, reflecting a broader trend of integrating ADR into specialized areas of law. This approach aims to expedite dispute resolution and reduce the burden on the court system.
🏛️ ADR Institutions in Uganda
Several institutions facilitate ADR processes in Uganda:
Centre for Arbitration and Dispute Resolution (CADER): Established under the Arbitration and Conciliation Act, CADER provides administrative services, accredits ADR practitioners, and promotes ADR education.
Uganda Law Society Arbitration and Mediation Centre: Offers ADR services, including training for mediators and arbitrators, and promotes the use of ADR within the legal community
International Centre for Arbitration & Mediation in Kampala (ICAMEK): An independent, not-for-profit organization dedicated to advancing ADR in Uganda and across East Africa.
📈 Recent Developments
In February 2024, Uganda's Cabinet approved a National Alternative Dispute Resolution Policy to reduce case backlogs in the judicial system. The policy aims to popularize ADR mechanisms such as negotiation, mediation, arbitration, conciliation, and collaborative law. This initiative is expected to expedite case resolution, cut legal costs, and improve access to justice.
✅ Conclusion
Uganda's ADR framework is characterized by a robust legal foundation, institutional support, and recent policy initiatives aimed at enhancing the efficiency of dispute resolution. The integration of ADR mechanisms into various sectors, including taxation and civil disputes, reflects a commitment to providing accessible and effective alternatives to traditional litigation.
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