Challenges In The Implementation Of Arbitration In Resolution Of Commercial Disputes In Uganda

ABSTRACT

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.