Arbitration and Conciliation Act

The provisions of this Act apply to domestic arbitration and international arbitration, except as otherwise provided in any particular case.

Section 2 provides definitions of terms used in the Act (for example: appointing authority; arbitral award; arbitral tribunal; arbitration; arbitration agreement; centre; court; ICSID Convention award; New York Convention award; party; umpire) and states that, except for section 30, where the parties are free to determine an issue their freedom includes the right to authorise a third party. It also states that an agreement includes any arbitration rules referred to in that agreement, and that references to claims apply to counterclaims and to defences to counterclaims where indicated.

The parties may determine the number of arbitrators.

Parties may agree a procedure for appointing arbitrators; where none is agreed certain appointment rules apply, including that each party appoints one arbitrator in three-member tribunals, the two appointed arbitrators appoint the third, parties must agree a sole arbitrator in single-arbitrator cases, nationality alone does not bar a person from serving unless the parties agree otherwise, and the appointing authority's decision is final.

When approached about appointment as an arbitrator, a person must disclose any circumstances likely to give rise to justifiable doubts about impartiality or independence; a party may challenge an arbitrator (including one they participated in appointing) under specified grounds or for reasons discovered after appointment.

Parties may agree a challenge procedure; if no agreement, a party intending to challenge must send a written statement within fifteen days, and the appointing authority must decide within thirty days unless the arbitrator withdraws or the other party agrees.

An arbitrator's mandate ends if they cannot perform duties, withdraw, or die; a party may apply to the Centre to decide on termination and the Centre's decision is final and not appealable.

If an arbitrator (other than a sole or presiding arbitrator) is replaced, the arbitral tribunal may, at its discretion, hold any previously held hearing afresh.

The arbitral tribunal may decide its own jurisdiction; parties must raise jurisdictional pleas by specified times; the tribunal must rule on such pleas; parties may apply to court within 30 days if aggrieved, and the tribunal may continue proceedings while a court application is pending.

The appointing authority may order interim protective measures at a party's request; the arbitral tribunal may require security; the appointing authority or an approved party may seek the Centre's assistance; and the court has the same power as the tribunal to make such orders when a request is made.

Parties must be treated equally and each party must be given a reasonable opportunity to present their case.

Parties may agree the tribunal's procedural rules; if they do not, the arbitral tribunal may set procedure and may determine the admissibility and weight of evidence; witnesses and persons appearing have the same privileges and immunities as in court.

Parties may agree the place of arbitration; if they do not, the arbitral tribunal must determine the place taking account of costs, circumstances and convenience; the arbitral tribunal may meet anywhere it considers appropriate for consultations, hearings or inspections unless the parties have agreed otherwise.

Arbitral proceedings for a particular dispute commence on the date a request for arbitration is received by the respondent, unless the parties agree otherwise.

If the parties do not agree on language, the arbitral tribunal must decide the language(s). Parties may agree to use an interpreter. The tribunal may order translations of documentary evidence into the agreed or determined language(s).

Claimant must state the facts supporting the claim, points at issue and relief sought within the time agreed or determined; respondent must state a defence; claimant may file a reply; parties may submit documents; a party may amend claims unless tribunal disallows due to delay.

The arbitral tribunal must decide on hearings and hold oral hearings unless parties agree otherwise; it has power to administer oaths; parties may appear in person or be represented.

If a claimant or respondent fails certain procedural communications or attendance, the arbitral tribunal must or may continue or terminate proceedings and may make awards or directions as specified.

The arbitral tribunal may appoint experts and require parties to provide information; experts must participate in hearings and make available materials upon request, unless the parties agree otherwise.

The arbitral tribunal, or a party with the arbitral tribunal's approval, may ask the court for assistance in taking evidence; the court may execute such requests within its competence and according to its rules on taking evidence.

The arbitral tribunal must decide the dispute according to the law chosen by the parties, or if none is chosen apply the law it deems appropriate; it may also decide based on justice and fairness unless parties authorize otherwise, and in all cases must follow the contract terms and trade usages.

In multi-arbitrator proceedings, decisions of the arbitral tribunal must be made by a majority of its members; however, if authorised by the parties or all tribunal members, a presiding arbitrator may decide procedural questions.

An arbitration agreement must be in writing; it may be an arbitration clause in a contract or a separate agreement. Writing includes a document signed by the parties or an exchange of letters, telex, telegram or other telecommunication that records the agreement. A contract’s reference to a document containing an arbitration clause constitutes an arbitration agreement if the contract is in writing and the reference makes the clause part of the contract.

If the parties settle during arbitral proceedings, the arbitral tribunal must terminate the proceedings and, if the parties request, record the settlement as an arbitral award on agreed terms.

Arbitrators must make their award in writing within two months (subject to any agreed extension); the award must be in writing, signed, state reasons unless parties agreed otherwise or it is on agreed terms, state the date and place, deliver a signed copy to each party; if arbitrators fail the umpire may enter and must make an award within one month (subject to extension); costs and expenses are to be determined and apportioned by the arbitral tribunal in its award or otherwise shared as specified.

The arbitral tribunal must order termination of proceedings in specified cases; it may terminate for unconscionable delay; and the tribunal's mandate ends when proceedings terminate.

Parties may request corrections or interpretations of an arbitral award within 14 days; the arbitral tribunal must make justified corrections or interpretations within 14 days. The tribunal may correct certain errors on its own within 30 days, and parties may request additional awards within 30 days; the tribunal must make justified additional awards within 30 days. The tribunal may extend these periods, but extensions may not exceed 14 days.

Sets grounds and procedural rules for applications to set aside arbitral awards, and gives the court powers to suspend proceedings, adjourn decisions and order security.

A party relying on or seeking enforcement of an arbitral award must provide the authenticated award and arbitration agreement (or certified copies), and must provide a certified English translation if they are not in English.

If the time to apply to set aside an arbitral award has expired or such an application was made and refused, the award must be enforced as if it were a court decree.

If a bankrupt was party to an arbitration agreement that relates to matters in the bankruptcy, parties (or the trustee with consent) may apply to the bankruptcy court to refer the matter to arbitration; the trustee may enforce arbitration clauses in adopted contracts; the court may order referral if it thinks arbitration appropriate; applies when the bankrupt is Ugandan or Ugandan law applies.

Allows parties to apply to a court to determine questions of law arising in arbitration and to appeal on questions of law, sets court powers on such matters, requires applications or appeals to follow court time limits and rules, and makes varied awards effective as tribunal awards.

If a party knows of a provision they could derogate from or a requirement of the arbitration agreement that has not been complied with, and proceeds without timely objection, they are deemed to have waived the right to object.

A judge or magistrate must refer a matter to arbitration if a party applies after filing a statement of defence and both parties have been heard, unless the arbitration agreement is void/inoperative/incapable or there is no dispute between the parties.

A party to an arbitration agreement may apply to the court for interim measures before or during arbitral proceedings; the court may grant such measures and must treat any prior arbitral tribunal ruling on a relevant matter as conclusive for the court application.

An arbitration agreement continues to bind parties despite a party's death, and the agreement can be enforced by or against the deceased's personal representative; an arbitrator's authority is not revoked by the death of the appointing party.

Written communications are treated as received when personally delivered or delivered to the addressee’s business, residence, or mailing address, and are deemed received on the day of delivery; if those places cannot be found after reasonable inquiry, registered mail or any method providing a delivery record to the last known address counts; the section excludes court proceedings.

Courts must not intervene in matters governed by this Act except as provided in this Act.

Defines “New York Convention award” as an arbitral award made in the territory of a state (other than Uganda) that is a party to the New York Convention, and states that an arbitral award is treated as made at the seat of the arbitration regardless of where it was signed, dispatched or delivered.

When a court is hearing a matter where the parties have an arbitration agreement (see section 39), the court must, on request of one party, refer the parties to arbitration unless it finds the agreement null, void, inoperative or incapable of being performed.

A New York Convention award that would be enforceable under this Part is binding on the parties between whom it was made and may be relied on by any of those persons as a defence, set-off or otherwise in legal proceedings in Uganda.

A New York Convention award shall be recognised and enforced pursuant to section 35.

If the court is satisfied an award under the New York Convention is enforceable under this Part, the award is to be treated as a decree of that court.

Nothing in this Part shall prejudice any rights any person would have had of enforcing in Uganda or of availing themselves in Uganda of any award if this Part had not been enacted.

Defines “ICSID Convention award” as an arbitral award under the ICSID Convention (opened for signature 18th March, 1965); includes decisions interpreting, revising or annulling an award and decisions as to costs forming part of the award; states when an award is deemed rendered (when certified copies were dispatched to the parties).

A person seeking enforcement of an ICSID Convention award is entitled to have the award registered in the court, subject to proof of prescribed matters and other provisions of this Part.

An ICSID Convention award registered under section 46 has the same force for execution as a court judgment for its pecuniary obligations; the court shall have the same control over execution as if it were a judgment.

This Part applies to conciliation of disputes arising from a legal relationship (contractual or not), unless law or the parties agree otherwise; it does not apply where law prevents submission to conciliation.

Conciliation starts when the other party accepts a written invitation; the initiating party must send a written invitation identifying the dispute and must inform the other party in writing if they treat no reply within the stated period as a rejection.

There shall be one conciliator unless the parties agree that there shall be two or three conciliators.

Parties may involve the appointing authority or person in appointing conciliators; in one-conciliator proceedings they may agree on a sole conciliator; in two- or three-conciliator proceedings each party may appoint one conciliator; in three-conciliator proceedings the parties may agree the presiding (third) conciliator; a party may request recommendations; parties may agree appointments be made by the appointing authority; the appointing institution/person must seek independent and impartial conciliators and, for a sole or third conciliator, consider appointing someone of a different nationality.

The conciliator may request written statements and additional information from parties; parties must send copies of their statements and any supporting documents to the other party.

The conciliator must assist the parties impartially to reach an amicable settlement and be guided by objectivity, fairness and justice; the conciliator may conduct proceedings as considered appropriate and may make settlement proposals, which need not be written or reasoned.

The conciliator may invite or communicate with the parties, meet them together or separately, and must determine the meeting place if the parties have not agreed.

The conciliator must disclose factual information received from one party to the other party, except where that information was given to the conciliator subject to a specific condition that it be kept confidential.

The parties must cooperate in good faith with the conciliator, including complying with requests to submit written materials, provide evidence and attend meetings.

Each party may submit suggestions for settling the dispute, either on their own initiative or when invited by the conciliator.

The conciliator must propose settlement terms when there appear to be acceptable elements; the conciliator may reformulate terms after party observations, may draft or assist drafting if requested; parties may draw up and sign a written settlement agreement which, when signed, is final and binding; the conciliator authenticates the agreement and gives each party a copy.

A settlement agreement has the same status and effect as an arbitral award under this Act.

The conciliator and the parties must keep confidential all matters relating to the conciliation, and confidentiality also covers the settlement agreement except when disclosure is necessary for implementation and enforcement.

Conciliation proceedings end when parties sign a settlement agreement, when the conciliator declares (after consulting the parties) that further conciliation is unjustified, when the parties declare in writing to the conciliator that proceedings are terminated, or when a party declares in writing to the other party and the conciliator that proceedings are terminated.

The parties must not start any arbitral or judicial proceedings about a dispute that is the subject of the conciliation while the conciliation proceedings are ongoing.

After conciliation ends, the conciliator must determine the conciliation costs and notify the parties; costs are borne equally by the parties unless the settlement agreement says otherwise; other expenses a party incurs are borne by that party.

The conciliator may require equal advance deposits from each party; if not paid within thirty days the conciliator may suspend or terminate the proceedings; upon termination the conciliator must account for and return any unexpected balance.

The conciliator must not act as arbitrator, representative or counsel in arbitral or judicial proceedings about the conciliated dispute, and must not be presented by the parties as a witness in such proceedings.

The parties must not rely on or introduce specified statements from conciliation proceedings as evidence in arbitral or judicial proceedings.

Establishes in the Ministry a department called the Centre for Arbitration and Dispute Resolution.

The Centre must perform a list of functions relating to arbitration and conciliation under the Act, including making rules, accrediting personnel, maintaining rosters, administering fees, and facilitating certification and services.

Section 69 was repealed by section 6 of Act 44 of 2024.

Section 70 repealed by section 7 of Act 44 of 2024

Section 71 repealed by section 8 of Act 44 of 2024.

Section 72 was repealed by section 9 of Act 44 of 2024.

Section 73 is repealed by section 10 of Act 44 of 2024.

Section 74 repealed by section 11 of Act 44 of 2024.

Section 75 repealed by section 12 of Act 44 of 2024

section 76 repealed by section 13 of Act 44 of 2024

Section 77 repealed by section 14 of Act 44 of 2024.

Section 78 was repealed by section 15 of Act 44 of 2024.

Section 79 was repealed by section 16 of Act 44 of 2024.

Section 80 was repealed by section 17 of Act 44 of 2024.

Section 81 was repealed by section 18 of Act 44 of 2024.

Section 82 was repealed by section 19 of Act 44 of 2024.

The Centre may charge fees for its services; the Minister must prescribe those fees by statutory instrument.

The Centre may make rules governing recognition and enforcement of arbitral awards, filing applications to set aside awards, staying suits under arbitration agreements, and proceedings in court under this Act.

Forms in Schedule 2 or similar forms may be used for the respective purposes and, if used, shall not be called in question.

This Act binds the Government.