World over, traditional court systems have been clogged by a number of constraints that have resulted in case backlog and therefore delays in the resolution of disputes. Increasingly, many parties in their contractual engagements have opted to explore the resolution of their disputes using arbitration.
Assisting our clients in dispute related matters is a relevant part of our practice. As such, we help our clients in the negotiation and drafting of their contracts to ensure that their contracts identify and address possible areas of concern from a dispute resolution perspective. If and when disputes do arise, our main focus is to try to find the best possible solution for the client, preferably by avoiding litigation itself. To this effect, we work closely with our colleagues from other specialized areas of the law, setting up cross-practice teams whenever appropriate.
Our Arbitration practice is headed by Peter Kabatsi and Joseph Matsiko, who are both renowned arbitrators. Peter has several years’ arbitration experience. He is currently an Ad-Hoc Judge at the Permanent Court of Arbitration at The Hague. Joseph has vast experience in international arbitration. He has had a distinguished practice at the Ugandan Bar, as well as participating in international arbitration at the London Court of International Arbitration. They are supported by partners: Bruce Musinguzi, Elison Karuhanga and Augustine Idoot, who have all participated in many domestic arbitration disputes within Uganda and have continued to gain commendable experience and respect of peers and clients alike.
The team members have also participated in numerous mediation matters, considering the mandatory requirement for the mediation of all civil suits in Uganda under the Judicature (Mediation) Rules, No.10 of 2013.
While the firm has participated in very many groundbreaking and landmark litigation cases that have shaped the legal landscape in Uganda, it is noteworthy to point out just a few examples of the cases and arbitration disputes that have been handle by the firm over the years;
- The firm successfully represented Uganda National Roads Authority (UNRA), in an arbitration dispute worth 20 Million (United States Dollars Twenty Million Only), which was concluded in January, 2013.
- The firm represented Tullow Uganda Operations Pty Ltd in an arbitration dispute with the Government of Uganda over the capital gains tax assessed by URA worth USD 500,000,000 (United States Dollars Five Hundred Million Only).
- Successfully represented Uganda National Roads Authority (UNRA) in an arbitration dispute worth 67 million Euros instituted by Salini Construtori.
- Successfully represented Tullow Uganda Operations Pty Ltd in an arbitration dispute with the Government of Uganda over the capital gains tax assessed by URA worth USD. 500 Million.
- Representing Solar Now services (U) Ltd in an on-going arbitration claim worth USD 1.5 million against the Rural Electrification Agency represented by the Attorney General arising from the implementation of a subsidy agreement for the extension of rural electrification using solar systems.
- Successfully represented the Uganda Communications Commission (UCC) in arbitration proceedings lodged by its former employees arising from a restructuring exercise carried out in 2016, with an aggregate claim of USD.3.5 million dollars. The arbitration was concluded in 2017.