Arbitration and Conciliation Review

Vocabulary flashcards covering the definitions, legal sections, and types of arbitration and conciliation procedures in Uganda.

Conciliation Settlement (Section 57)

A settlement opined by the disputing parties as per the Act.

Conciliation Agreement (Section 59)

An agreement that, once drawn up and agreed upon by the parties, carries the same status and effect as an arbitral award.

Arbitration (Section 2 ACA)

Any arbitration whether or not administered by a domestic or international institution where there is an arbitration agreement.

Arbitration (Saunders definition)

The reference of a dispute or difference between not less than two (2) parties for determination after hearing both sides in a judicial manner by a person other than a court of competent jurisdiction.

Arbiter

A neutral third party and independent intermediary trained in ADR techniques whose decision is final and binding on the parties.

Voluntary Arbitration

A type of reference where parties voluntarily refer any dispute to arbitration before it is referred for adjudication.

Compulsory Arbitration

Also known as Involuntary Arbitration, this is where parties are required to accept arbitration without any willingness on their part, often following an application to the government during an industrial dispute.

Domestic Arbitration

Arbitration between parties who are residents of the same country.

International Arbitration

Arbitration occurring when parties to an agreement have their business in different countries or the cause traverses beyond the boundaries of a country.

Institutional Arbitration

Arbitration administered by an institution agreed upon by the parties (such as the ICC or AAA) and conducted in accordance with that institution's arbitral rules.

Adhoc Arbitration

Arbitration conducted without recourse to institutional rules and without oversight of an arbitral institution, where parties independently determine the conduct and procedure.

Document only Arbitration

A form of arbitration in which the arbiters rely only on the documents presented by the parties in resolving the dispute.

CADER

The Centre for Arbitration and Dispute Resolution.

Statement of Claim (Section 23 ACA)

A document filed by the party initiating proceedings detailing facts, issues, and the relief or remedy sought.

Arbitral Award (Section 2(1) ACA)

Any award of an arbitral tribunal, including an interim arbitral award.

New York Convention Award (Section 39 ACA)

An arbitral award made in the territory of a State (other than Uganda) which is a party to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards.

Legal Seat of Arbitration

The 'juridical or legal home' of the arbitration, the law of which governs certain procedural aspects and determines which courts can provide judicial assistance or set aside an award.

Reconciliation (Black's Law Dictionary)

The restoration of amicable relations between parties who have been at odds.

Reconciliation (Rule 3 of the Judicature Rules 2011)

Bringing two disputing parties into harmony who would have otherwise been unable to settle their differences.