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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

Physical address
4th Floor Trust Tower, Nakasero Road Kampala, UG
Visit website
https://icamek.org/
9 judgments
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9 judgments
Citation
Judgment date
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 is appointed and partial costs of the appointment application awarded.
Arbitration — contractual silence on number of arbitrators — section 10(2) Arbitration and Conciliation Act — one arbitrator; CADER functions and appointing authority; recoverability of costs in arbitration applications — Advocates (Remuneration and Taxation of Costs) Rules and amendment; partial award of costs (50%).
 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)
Applicant entitled to arbitrator appointment where respondent’s inaction frustrated contractual mediation prerequisite; joinder of purchaser not automatic.
Arbitration – Compulsory appointment of arbitrator where contractual mediation prerequisite is frustrated or abandoned by a party; mediation clause and party autonomy; successor/purchaser not automatically a party – joinder by consent or High Court application; Arbitration and Conciliation Act considerations.
 28 March 2018
Ariel Investment Ltd v Kamuntu Investments Ltd (CAD/ARB/ 66 of 2017) [2018] UGCADER 6 (16 March 2018)
Refusal to engage in contractual mediation can constitute abandonment and permit statutory appointment of an arbitrator under s.10(2) ACA.
Arbitration — abandonment of agreed ADR process by refusing mediation — courts of England and Wales nominated mediator under contract — AFSA rules procedural only — Arbitration and Conciliation Act s.10(2) permits statutory appointment of arbitrator — CADER jurisdiction to appoint tribunal where parties fail to agree.
 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)
Sub-consultancy incorporated main contract’s arbitration clause; arbitrator appointed; UNRA not shown to be party; costs allocated.
* Arbitration – incorporation clause – sub-consultancy imported arbitration clause from main contract – disputes under sub-consultancy subject to arbitration under Ugandan law (Kampala). * Arbitration and Conciliation Act – requirement of written arbitration agreement and definition of "party" to arbitration agreement. * Party status – applicant failed to prove UNRA was a party to the sub-consultancy arbitration agreement. * Relief – appointment of arbitrator and allocation of costs.
 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)
Where no Project Manager decision exists, post-mutual disengagement payment disputes fall outside adjudication and proceed to arbitration.
Construction contract – dispute resolution – adjudication under GCC 24 applies only to contested Project Manager decisions; disputes arising from mutual disengagement and outstanding payments fall under "any arbitration" in GCC 25.4; interpretation of GCC/SCC; appointment of arbitrator; exhaustion of adjudication not required where no Project Manager decision exists.
 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 enforcement of settlement agreement; application to arbitrate granted with costs to applicant.
* Arbitration – contractual dispute resolution – construction of dispute resolution clause: scope beyond adjudicator appeals under Clause 25.3 to 'any arbitration' under Clause 25.4. * Enforcement of settlement agreement – arbitration available where Project Manager made no decision and was not party to settlement. * Procedural objections (ongoing verification, notice of reference) do not necessarily preclude arbitration.
 9 March 2018
February 2018
Dontak Agencies Ltd v Nakasero Hospital Ltd (CAD/ARB/ 57 of 2017) [2018] UGCADER 1 (23 February 2018)
Respondent’s failure to participate in mandatory ADR allowed statutory appointment of an arbitrator; no order as to costs.
Arbitration & conciliation – dispute resolution clause requiring conciliation then arbitration – preliminary conciliation step does not negate arbitration agreement; parties’ failure to participate forfeits procedural rights; statutory appointment of arbitrator under ACA; conciliation proceeds by consent; Section 30 and Section 62 ACA referenced.
 23 February 2018
Pile Corporation Ltd v Twed Property Development Ltd (CAD/ARB/ 4 of 2018) [2018] UGCADER 2 (9 February 2018)
A counsel’s misnomer cannot negate a valid arbitration clause; court appointed an arbitrator and awarded costs.
Arbitration clause interpretation – validity under S.2(1)(c) ACA; advocate’s misdescription of process does not alter contractual clause; severance of referral-to-courts wording; party autonomy and two-tier/arbitrary appellate arrangements; court’s power to appoint arbitrator where one party refuses to cooperate.
 9 February 2018