ALP Law Series

Judicial Review and Arbitration: Delineating the Scope of Court’s intervention in Arbitration in Uganda

By ALP Advocate
on
February 22, 2020

Article No 1/2020 of the ALP Law Review Series reflects on the role of the courts in Uganda in arbitration and in particular the attempts to use judicial review to challenge decisions of arbitral bodies and arbitral awards. The jurisdiction of courts to intervene in arbitration matters in Uganda is regulated by section 9 of the Arbitration and Conciliation Act, Cap 4 (as amended).

Article No 1/2020 of the ALP Law Review Series reflects on the role of the courts in Uganda in arbitration and in particular the attempts to use judicial review to challenge decisions of arbitral bodies and arbitral awards.The jurisdiction of courts to intervene in arbitration matters in Uganda is regulated by section 9 of the Arbitration and Conciliation Act, Cap4 (as amended). In three notable 2019 decisions in International Development Consultants Ltd. v Jimmy Muyanja & Others, Misc. Cause No133/2018; Global Industries Ltd. v Trident Infratech Ltd., Misc.Application No 250/2019 and Fountain Publishers v Nantamu & Another,Arbitration Cause No 1/2011 in 2019, the High Court addressed the availability of judicial review in addressing disputes that involved arbitration law. The High Court explained the ouster of jurisdiction of courts to intervene in arbitral matters, which is the essence of section 9 of the Act, is to the extent as permitted under the law. The Court held that judicial review was therefore unavailable to any party aggrieved over anarbitral award, but it conceded that judicial review could be available in the instance of ultra vires exercise of power to appoint anarbitrator.

The detailed Article No 1/2020 isavailable for download as a PDF file here.