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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

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4th Floor Trust Tower, Nakasero Road Kampala, UG

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https://icamek.org/

9 judgments

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9 judgments


May 2018
Congregation of the Holy Spirit Church Ltd v Bobu Bisaso (CAD/ARB/ 19 of 2018) [2018] UGCADER 9 (11 May 2018) Where an arbitration clause is silent, one arbitrator may be appointed and partial costs awarded to the applicant. Arbitration — Appointment of arbitrator — Default number of arbitrators where clause is silent — Arbitration and Conciliation Act s10(2) — Costs in arbitration proceedings — Entitlement to taxation and scale of fees under Advocates (Remuneration and Taxation of Costs) Rules S.I.267-4 and S.I. No.7 of 2018 — Institutional role — CADER as appointing authority under Arbitration and Conciliation Act s68 and UNCITRAL Arbitration Rules	11 May 2018
March 2018
USAFI Market Vendors Association v Safinet Uganda Ltd and Anor (CAD/ARB/ 68 of 2017) [2018] UGCADER 8 (28 March 2018) Arbitrator appointed where respondent’s inaction frustrated contractual mediation; purchaser not automatically party to arbitration. Arbitration — Compulsory appointment — Effect of respondent’s inaction/frustration of contractual mediation prerequisite — Joinder/Assignee — Whether purchaser/assignee is automatically party to arbitration agreement and procedure for joinder	28 March 2018
Ariel Investment Ltd v Kamuntu Investments Ltd (CAD/ARB/ 66 of 2017) [2018] UGCADER 6 (16 March 2018) Respondent’s refusal to mediate amounted to abandonment, permitting statutory appointment of an arbitrator under the Arbitration and Conciliation Act. Arbitration — Alternative dispute resolution — Effect of refusal to mediate — Abandonment activates arbitration clause — Appointment of arbitrator — Statutory relief to constitute tribunal under Arbitration and Conciliation Act s.10(2) — Choice of rules and appointing authority — AFSA rules procedural; CADER may be invoked where parties fail to appoint	16 March 2018
International Development Consultants Ltd v AECOM RoA (RTY) Ltd and Anor (CAD/ARB/ 67 of 2017) [2018] UGCADER 7 (16 March 2018) Main contract arbitration clause applies to sub‑consultancy; arbitrator appointed; UNRA not shown to be party. Arbitration law — Incorporation of arbitration clause — Main contract clause imported into sub‑consultancy agreement — Arbitration and Conciliation Act — Parties to arbitration — Requirement to prove party status and relevance — ACA s 2(1)(i) Arbitration procedure — Appointment of arbitrator — Jurisdiction to appoint where arbitration clause established	16 March 2018
Plinth Technical Works Ltd v Fort Portal Municipal Local Government Council (CAD/ARB/ 62 of 2017) [2018] UGCADER 3 (16 March 2018)	16 March 2018
Plinth Technical Works Ltd v Hoima Municipal Local Government Council (CAD/ARB/ 63 of 2017) [2018] UGCADER 4 (16 March 2018) A mutual disengagement dispute without a contested Project Manager decision is arbitrable under GCC clause 25.4; arbitrator appointed. Arbitration and dispute resolution — Construction contracts — Applicability of adjudication where no Project Manager decision exists — Interpretation of GCC Clauses 24–25 Arbitration — Appointment of arbitrator by tribunal — Where adjudicator has not presided and dispute arose after mutual disengagement — Matter falls under "any arbitration" in GCC 25.4	16 March 2018
Plinth Technical Works Ltd v Mbale Municipal Local Government Council (CAD/ARB/ 61 of 2017) [2018] UGCADER 5 (9 March 2018) Arbitration clause construed to permit direct arbitration of settlement disputes, not confined to adjudicator appeal procedures. Arbitration — Dispute resolution clause — Scope of arbitration versus adjudication — Whether Clause 25.4 confines arbitration to appeals from adjudicators' awards	9 March 2018
February 2018
Dontak Agencies Ltd v Nakasero Hospital Ltd (CAD/ARB/ 57 of 2017) [2018] UGCADER 1 (23 February 2018) Court appointed an arbitrator where the respondent failed to engage in mandated conciliation and arbitration; no costs ordered. Arbitration — Dispute resolution clause — Effect of pre‑arbitration conciliation requirement — Court may appoint arbitrator where conciliation not invoked and a party fails to participate — Arbitration and Conciliation Act ss.30,62,10(2) Civil procedure — Costs — Self‑represented applicant and absence of submissions on costs — Court discretion to make no order as to costs	23 February 2018
Pile Corporation Ltd v Twed Property Development Ltd (CAD/ARB/ 4 of 2018) [2018] UGCADER 2 (9 February 2018) An advocate’s mislabelling of nominees as mediators does not vitiate a valid arbitration clause; an arbitrator was appointed. Arbitration — Arbitration agreement — Interpretation of clause referring to "failure of arbitration" and referral to courts — Procedural conduct — Effect of counsel mislabelling nominees as "mediators" on a written arbitration clause — Appointment of arbitrator — Power to appoint where a party refuses or fails to cooperate	9 February 2018