An Assessment of the Effectiveness of International Commercial Arbitration under Ugandan Law: Challenges in the Recognition and Enforcement of Foreign Arbitral Awards.

Uganda acceded to the New York Convention on 12 February 1992. Part III of the Arbitration and Conciliation Act gives effect to the Convention. This paper asks how well that framework serves international commercial arbitration. It takes a doctrinal approach and reads the statute, the Convention and reported Ugandan decisions together. The statutory text favours enforcement yet practice is less settled. This raises issues regarding the procedural route to enforcement, the line between recognition and set-aside, and a public policy exception that courts apply narrowly but without a settled definition. The Arbitration and Conciliation Act also overlaps with the reciprocal enforcement of judgments regime, and the statute does not resolve that overlap. The paper recommends procedural rules, a statutory definition of international public policy, clearer treatment of partial and interim awards, and the judicial training.

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Publication Details

Journal
Zenodo (CERN European Organization for Nuclear Research)
Published
2026-10-29
DOI
https://doi.org/10.5281/zenodo.23766171
Primary Topic
International Arbitration and Investment Law
Type
article
Field-Weighted Citation Impact
0.00
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article

An Assessment of the Effectiveness of International Commercial Arbitration under Ugandan Law: Challenges in the Recognition and Enforcement of Foreign Arbitral Awards.

Ularia Nasseje
2 links
Zenodo (CERN European Organization for Nuclear Research)
International Arbitration and Investment Law
article

An Assessment of the Effectiveness of International Commercial Arbitration under Ugandan Law: Challenges in the Recognition and Enforcement of Foreign Arbitral Awards.

Ularia Nasseje
article en

Abstract

Uganda acceded to the New York Convention on 12 February 1992. Part III of the Arbitration and Conciliation Act gives effect to the Convention. This paper asks how well that framework serves international commercial arbitration. It takes a doctrinal approach and reads the statute, the Convention and reported Ugandan decisions together. The statutory text favours enforcement yet practice is less settled. This raises issues regarding the procedural route to enforcement, the line between recognition and set-aside, and a public policy exception that courts apply narrowly but without a settled definition. The Arbitration and Conciliation Act also overlaps with the reciprocal enforcement of judgments regime, and the statute does not resolve that overlap. The paper recommends procedural rules, a statutory definition of international public policy, clearer treatment of partial and interim awards, and the judicial training.

Zenodo (CERN European Organization for Nuclear Research)
Kampala International University (UG)
Peace, justice, and strong institutions
Openalex Percentile: Top 9%
International Arbitration and Investment Law
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