CRITICAL LEGAL ANALYSIS OF COMMERCIAL ARBITRATION IN UGANDA

ABSTRACT

The study seeks to critically investigate the law of commercial Arbitration in Uganda. The

objectives ofthe study were; to analyze the legal framework on commercial arbitration, to establish

the roles and challenges of commercial Arbitration in reducing and to propose the refonns and

recommendations in improving commercial Arbitration as an alternative of accessing justice by

the disputants. In order to achieve the objectives of this study the researcher will use the qualitative

research techniques for data and information collection during the study. This method was used to

generate and establish a detailed description of the legal framework on commercial arbitration.

Docmnented sources from within Uganda and other jurisdictions were reviewed. The researcher

also based on infonnation found in various text books, law jomnals, newspapers, statutes and any

other written relevant material for qualification of the findings. The study recommends the

Judiciary to spearhead efforts and collaborate with the judicial service Commission (JSC) and the

centre for Arbitration and Dispute Resolution (CADER) to sensitize the litigants, advocates and

the public about the benefits of Arbitration as a method of resolving disputes and Arbitration at

large. The commercial court itself does not have enough judges to try and handle these disputes

therefore govennnent should raise the number of judges in the commercial court and the CADER

should as well be funded by the government in tenus of both funds and the necessary manpower

to enhance its role in arbitrating commercial disputes.

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