You can count on the undivided attention of a team that prizes dispute resolution over court proceedings.
ICAMEK is an appointing authority that was issued with an instrument to appoint Arbitrators and Conciliators by the Minister on 23rd April 2019.
ICAMEK provides dispute resolution services to the Uganda parties and the international business communities who wish to have their disputes resolved outside of the public courtroom.
The Centre is an independent, non-profit company limited by guarantee, It promotes arbitration to the Ugandan business community as an effective alternative to litigation, and Uganda to the world as an Investment hub and a place to conduct international arbitration
- Provide parties with a flexible, natural and neutral seat for the resolution of disputes;
- Offer parties confidentiality and the freedom to choose how and where to resolve disputes;
- Administer ADR processes in a manner that ensures Integrity and enforceability;
- Promote commercial awareness of arbitration and ADR mechanisms through advocacy, training workshops and conferences.
The Centre’s premises offers a modern, centrally located and affordable venue for arbitration, mediation ,other dispute hearings, and for meetings. It is an ideal venue for dispute resolution hearings or private meetings.
The Centre’s secretariate is tasked with administering Mediation and Arbitration process by providing clear procedural guidelines with time-lines, and a case administrator to assist the tribunal in the collation of documents and assist parties in complying with the Mediator/tribunal’s directions.
Training & Accreditation
The Centre offers training programs across the spectrum of dispute resolution(mediation, arbitration, construction claim), geared towards growing the pool of ADR practitioners in Uganda. The courses are presented by seasoned practitioners in the different fields and enables participants to master essential skills in all aspects of dispute resolution which will be of enormous importance to their careers and their clients.
ICAMEK offers Ugandan companies and individuals an optimal process to resolve business and related disputes confidentially, quickly and fairly under the supervision of Centre’s secretariat.
The Centre’s administration process which is unique in Uganda provides the parties with the essential supervisory and logistical support vital for an effective outcome. The first step is that the parties agree to refer the matter to ICAMEK to administer and if and when a dispute arises, either party may request ICAMEK to proceed. Once the Centre accepts a request to administer the arbitration process according to its detailed Rules, it supports and guides the parties as they move towards the desired outcome: a binding arbitration award following a fair hearing in a tailor-made process.
Advantages to Arbitration
Parties often seek to resolve their disputes through arbitration because of the potential advantages over the courts. Advantages include:
- Unlike in court, parties can select an arbitrator with an appropriate degree of practical experience.
- Arbitration is often faster than litigation in court, and a time limit can be placed on the length of the process.
- Arbitration can be cheaper and more flexible, more commercial and less formal than court.
- Unlike court rulings, arbitration proceedings and arbitral awards are confidential.
- Unlike in court, there are very limited avenues for appeal of an arbitral award, which limits the duration of the dispute and any associated liability.
- Due to the provisions of the New York Convention 1958, arbitral awards are generally easier to enforce in other nations than court judgments.
How many arbitrators are appointed?
Under the ICAMEK Arbitration Rules, the parties can agree on whether the dispute should be decided by a sole arbitrator or by a tribunal of three arbitrators. If the parties do not agree, ICAMEK decides the number of arbitrators, taking into consideration the complexity of the case, the amount in dispute and any other relevant circumstances.
Who appoints the arbitrators?
The majority of the arbitration appointments in ICAMEK arbitrations are made by the parties.
If the dispute is to be resolved by a sole arbitrator, ICAMEK gives the parties a list of arbitrators from which the parties can jointly appoint an arbitrator. If they do not agree on an arbitrator, ICAMEK makes the appointment.
For three-member tribunals, each side appoints one arbitrator and ICAMEK appoints the chairperson, unless the parties agree otherwise. The parties are free to agree on a different procedure for arbitrator appointments, and it is relatively common for the chairperson to be appointed by the parties jointly or by the party-appointed arbitrators.
If a party fails or declines to appoint an arbitrator ICAMEK will make the appointment on behalf of that party.
What factors are taken into consideration when appointing an arbitrator?
In making these appointments, the ICAMEK considers primarily the following factors, as stipulated by the ICAMEK Rules and the Policy on the Appointment of Arbitrators:
- The nature and circumstances of the dispute — this informs the type of expertise or specialisation required to decide the dispute.
- Previous experience as an arbitrator — this is important for sole arbitrators or chairpersons to manage the arbitration process efficiently.
- The seat, applicable law and language of the arbitration.
- The arbitrator’s availability — arbitrators must have time to decide the dispute within the timeline stipulated by the applicable ICAMEK Rules.
- Tribunal balance — in three-member tribunals, the Board seeks to balance expertise, qualifications, seniority, language and other relevant factors.
- On request, the ICAMEK can assist in appointing an arbitrator through its Arbitral Appointments Committee.
- Diversity — where there are many arbitrators of similar qualifications, the Board will actively consider diversity of gender, age and national origin.
ICAMEK offers a confidential mediation process where an independent mediator facilitates communication and open discussion to assist the parties in reaching a settlement in private.
- ICAMEK’s mediation focuses primarily on the needs and interests of the parties and is an interactive process whereby the mediator provides expertise and support to parties who wish to reach agreement, whether to preserve their relationship or to resolve a single dispute. Ground rules are established at the outset and the mediator may engage all parties together or privately to find common ground.
- ICAMEK has published a set of Mediation Rules which apply in the event of a dispute referred to ICAMEK for mediation. Depending on the nature of the dispute, ICAMEK will appoint a suitable mediator and professionally administer the process.
- Mediation is not a binding process, but once consensus is reached, a written agreement is drawn up which commits the parties to their agreement and is legally binding.