Challenges in the implementation of arbitration in resolution of commercial disputes in Uganda

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Kampala International University; School of Law
Disputes are inevitable in human affairs and activities. This is a common phenomenon particularly in modern societies. In as much as disputes are part and parcel of people's daily lives, they need to be resolved in an orderly manner. The orderly mechanism of resolving disputes creates social harmony on one hand and economic development on the other hand. Because of this reason, societies need proper and effective means of resolving disputes. Courts litigation is the most common way of resolving disputes. Courts of law are vested with powers to determine cases, brought before them according to the rules and procedures established by the law. Another way of resolving disputes is by resort to alternative dispute resolutions which have been devised and incorporated in civil laws. These methods include negotiation, mediation and arbitration. Arbitration is not a new phenomenon as it antedates legal system and courts of law. Arbitration has been preferred in the settlement of commercial disputes. The aim of this paper is to analyse the challenges in the implementation of arbitration as an alternative dispute resolution (ADR) process in the resolution of commercial disputes in Uganda and to propose viable recommendations for the effective operation of arbitration.
A paper submitted in partial fulfillment of the requirements for the Award of a Bachelor of Laws Degree of Kampala International University
Arbitration, Commercial disputes, Uganda