UGANDA Law and Practice Contributed by: Moses J. Adriko SC, Ernest Sembatya Kaggwa, Derrick Kizito Kunyiga and Philip E. Nsaja, MMAKS Advocates
award; and maintain a fair and complete record of the proceedings – the High Court in Kenlloyd Logistics ( U ) Ltd v Fratch AG set aside an award where the arbitra- tor abdicated that duty. 7.4 Legal Representatives There are no statutory qualification requirements for representatives appearing in arbitral proceedings seated in Uganda. Parties may be represented by any person of their choice, including foreign-qualified counsel, in-house lawyers or non-lawyers; the restric - tions in the Advocates Act (which requires enrolment and a current practising certificate) apply to appear - ances before the courts, not to arbitration (Section 24 (7)). Foreign counsel therefore regularly appear in Uganda-seated international arbitrations. Court proceedings connected with the arbitration, such as referral, setting-aside and enforcement applications, must however, be conducted by advocates enrolled in Uganda. 8. Evidence 8.1 Collection and Submission of Evidence Practice reflects Uganda’s common-law, adversarial tradition, adapted to international norms: • Pleading stage : Parties exchange statements of claim and defence accompanied by the docu - ments relied upon. There is no US-style discovery, and document production is by targeted, specific requests, with arbitral tribunals frequently adopting the IBA Rules on the Taking of Evidence as guid - ance (Redfern schedules are common in larger cases); • Witness evidence : Written witness statements ordinarily stand as evidence-in-chief, with oral cross-examination at the hearing. Expert evidence is presented through party-appointed experts (with reports, joint statements and, increasingly, concur - rent evidence), and the tribunal may appoint its own expert. • Privilege : Legal professional privilege and without- prejudice protection are recognised and applied.
There are no rigid statutory rules governing these cat - egories in arbitration; the tribunal controls the process under Section 19 of the ACA. 8.2 Rules of Evidence The strict rules of evidence applicable in court pro - ceedings under the Evidence Act do not bind arbitral tribunals seated in Uganda. Under Section 19 of the ACA, the power conferred on the tribunal includes the power to determine the admissibility, relevance, materiality and weight of any evidence, freeing it from technical objections based on the Evidence Act. Because a single statute governs both domestic and international arbitration, the position is the same for both; in practice, tribunals in domestic references are sometimes guided by Evidence Act principles by anal - ogy, while international tribunals tend to apply the IBA Rules or similar soft law. 8.3 Powers of Compulsion The arbitral tribunal itself has no coercive powers over non-parties; compulsion is achieved through court assistance. Under Section 27 of the ACA, the tribu - nal, or a party with the approval of the tribunal, may request assistance from the High Court in taking evi - dence, and the court may execute the request within its competence and according to its rules on taking evidence. This enables witness summonses compel - ling attendance and the production of documents, and it extends to non-parties, who can be compelled only through this route. As between the parties, the tribu - nal may order disclosure and draw adverse inferences from non-compliance, and failure to comply may also have costs consequences.
9. Confidentiality 9.1 Extent of Confidentiality
The ACA does not impose an express duty of confi - dentiality on arbitral proceedings (in contrast to con - ciliation proceedings, which Part V makes expressly confidential). Confidentiality in arbitration therefore rests on the parties’ agreement, applicable institu - tional rules (the ICAMEK Arbitration Rules provide for confidentiality) and the implied obligation of confi - dence recognised in common-law jurisdictions, which Ugandan arbitral tribunals and practitioners generally
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