Evaluating the Effectiveness of Arbitration as ADR Mechanism in Commercial Disputes
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Date
2025-05-29
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Uganda Christian University
Abstract
This study evaluates the logicality of Alternative Dispute Resolution in facilitating
the tenacity of commercial disputes in Uganda. The inspection was done through
different case-studies as a diagnostic technique involving theoretical analysis of
functioning literature, legislation and the cases adjudged by the courts in Uganda.
With the aim of demonstrating how the Ugandan judiciary has assisted the growth
of the process. This study observes that the courts in Uganda are naturally
corroborative deploying the alternative dispute resolution mechanisms as explained
by the liability to recognise a valid arbitration convention and unwillingness to
examine evidence that is before an arbitral tribunal among others. It also considers
some barriers that need to be addressed involving: a deep-seated trust deficit; the
lack of an ‘Africa focused’ alternative dispute resolution practices; the lack of
diversity, knowledge gaps among lawyers on how Alternative Dispute Resolution
mechanisms operate and many others. The research discusses the challenges and
problems while providing recommendations for the different key players in Uganda
to scan regular steps in icing a prosperous domestic and international Alternative Dispute Resolution