profile image

Center for Arbitration and Dispute Resolution of Uganda

ICAMEK is an appointing authority that was issued with an instrument to appoint Arbitrators and Conciliators by the Minister on 23rd April 2019.

ICAMEK provides dispute resolution services to the Uganda parties and the international business communities who wish to have their disputes resolved outside of the public courtroom.

The Centre is an independent, non-profit company limited by guarantee, It promotes arbitration to the Ugandan business community as an effective alternative to litigation, and Uganda to the world as an Investment hub and a place to conduct international arbitration

Physical address
4th Floor Trust Tower, Nakasero Road Kampala, UG
Visit website
https://icamek.org/
4 judgments
  • Filters
  • Alphabet
Sort by:
4 judgments
Citation
Judgment date
September 2009
Where a party fails to appoint an arbitrator, the appointing body may appoint and the tribunal alone determines its jurisdiction.
* Arbitration — appointment of arbitrator — mutual obligation — appointing authority may appoint where party neglects duty (Section 11 ACA). * Arbitration — competence-competence — arbitral tribunal determines its own jurisdiction (Section 16 ACA; Section 16(6)). * Arbitration — limits on tribunal’s scope — neither appointing body nor parties may unilaterally delimit jurisdiction; tribunal decides scope. * Procedure — arbitrators must sign declarations of impartiality and file party undertakings; fees to be routed through appointing body. * Costs — unsuccessful resisting party ordered to pay application costs.
1 September 2009
April 2009
An arbitration clause is enforceable despite related High Court proceedings; an arbitrator was appointed and costs awarded to the applicant.
Arbitration – enforcement of arbitration clause – pending court proceedings do not extinguish arbitral clause; Section 5 ACA neutral and court supportive of arbitration; Civil Procedure Act stay not a bar to ACA applications; compulsory appointment of arbitrator and administrative directions (declaration, filings, payments through CADER).
5 April 2009
March 2009
Pending court proceedings do not automatically bar compulsory appointment of an arbitrator under a valid arbitration agreement.
Arbitration — Compulsory appointment of arbitrator under Articles of Association and Section 11 ACA; effect of pending court proceedings — interplay of Sections 5 and 16 ACA; duty to notify court of forum conflict; validity and enforceability of arbitration agreement.
11 March 2009
February 2009
An arbitration clause is separable and survives termination; CADER may appoint an arbitrator when a party fails to nominate one.
Arbitration — Section 11 ACA compulsory appointment of arbitrator; separability of arbitration clause (s.16); arbitration survives contract termination; mere denial of a dispute insufficient to defeat appointment; pending court proceedings not a bar to s.11 appointment; procedural technicalities subordinated to substantive justice.
4 February 2009