A comparative analysis of legal and institutional framework for arbitration: Comoros and Uganda

Thumbnail Image
Journal Title
Journal ISSN
Volume Title
School of law
Arbitration as an Alternative Dispute Resolution has been increasing steadily all over the world. The momentum of International Commercial Arbitration in particular was provided by the 1985 United Nations Commission on International Trade Law. Legislation based on the UNCITRAL model law has been enacted by many Countries most particularly the Union of Comoros and the Republic of Uganda. This Dissertation aims to examine and compare the Legal and Institutional framework governing International Commercial Arbitration, to critically examine the current arbitration rules put in place for proceed commercial dispute, to examine the efficacy of arbitration and highlight its advantages if any, and proffer legal solutions with the view to minimize challenges under Comoros and Uganda legal system. The methodology adopted by this work is doctrinal research, statutes and legal decisions are the primary sources utilized to achieve objectives. It was concluding in this work that the Legal System of Comoros offered best conditions to resolve International Commercial Arbitration than that of Uganda. This paper also discussed the arbitration practice challenges and the opportunities for improvements of the Arbitration rules of both Countries. This work found that most of the provisions governing the arbitral proceeding of both countries are the same and both are inspired by the UNCITRAL Model Law and the New York Convention. The discourse ended with an analysis of what Comoros and Uganda needs to do to enhance the practice of international commercial arbitration and to make them centers which are capable to attract foreign and local investors to have their disputes settled locally.
A research thesis presented in partial fulfillment of the requirements for the award of Master’s Degree, School of Law of Kampala International University in Uganda.
Legal, Institutional framework, Arbitration Comoros, Uganda