UGANDA Law and Practice Contributed by: Moses J. Adriko SC, Ernest Sembatya Kaggwa, Derrick Kizito Kunyiga and Philip E. Nsaja, MMAKS Advocates
observe as covering pleadings, documents produced, the hearing and the award. Two important qualifications apply. First, court pro - ceedings relating to arbitration, referral, interim meas - ures, setting aside and enforcement are public, and judgments (often quoting the award) are published by the Uganda Legal Information Institute, so mate - rial entering the court record loses confidentiality. Second, disclosure of information from arbitral pro - ceedings in subsequent proceedings is permissible where reasonably necessary to establish or protect a party’s legal rights, to enforce or challenge the award, or where compelled by law. Under Section 31 of the ACA, the award must be in writing and signed by the arbitrator or arbitrators (in multi-arbitrator tribunals, the signatures of the majority suffice, provided the reason for any omitted signa - ture is stated). It must state the reasons on which it is based, unless the parties have agreed otherwise or it is an award on agreed terms; it must state its date and the place of arbitration, where it is deemed made; and a signed copy must be delivered to each party. The arbitral tribunal may also make interim awards and, unless otherwise agreed, award interest and costs. The tribunal must render its award within two months after entering on the reference. The tribunal is, how - ever, empowered to extend this time by any writing signed by the arbitrator (Section 31 (1)). 10.2 Types of Remedies The ACA does not prescribe or limit the remedies an arbitral tribunal may award. Subject to the scope of the submission and the applicable substantive law chosen under Section 28, tribunals may award dam - ages, sums due in debt, declarations, specific perfor - mance, injunctions, rectification, interest and costs. The practical limits are that: • the tribunal cannot grant relief affecting non-parties or remedies operating in rem or reserved to public authorities (see 3.2 Arbitrability ); 10. The Award 10.1 Legal Requirements
• punitive or exemplary damages are not expressly prohibited, but they are exceptional under Ugan - dan law and an award of them would invite scrutiny under the public policy ground in Section 34; and • any remedy must fall within the terms of the refer- ence, since decisions on matters beyond the scope of the submission are severable and liable to be set aside. 10.3 Recovering Interest and Legal Costs Interest Unless the parties have agreed otherwise, the arbitral tribunal may award interest on sums awarded, both for the period up to the award and for the post-award period until payment, at a rate it considers reason - able, and the courts have confirmed that interest on a decretal sum arising from a registered award con - tinues to run until satisfaction. Costs (including legal fees, tribunal fees and institutional charges) are in the tribunal’s discretion, subject to any agreement of the parties. Legal Costs The prevailing practice is that costs follow the event. The unsuccessful party bears the reasonable costs of the successful party, adjusted to reflect relative suc - cess on discrete issues, offers of settlement and the parties’ conduct in the proceedings. A pure costs- sharing approach is the exception rather than the rule and is usually the product of party agreement or mixed outcomes. 11. Review of an Award 11.1 Grounds for Appeal There is no appeal on the merits of an award as of right. Recourse takes two forms, as follows. Setting Aside (Section 34 of the ACA) An application to the High Court within one month of receipt of the award, on exhaustive grounds mirroring the Model Law: incapacity; invalidity of the arbitration agreement; lack of proper notice or inability to present one’s case; the award exceeding the scope of the ref - erence (with severance of offending parts); improper composition of the arbitral tribunal or procedure; that the award was procured by corruption, fraud or undue
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