A comparative analysis of legal and institutional framework for arbitration: Comoros and Uganda
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Date
2019-09
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School of law
Abstract
Arbitration as an Alternative Dispute Resolution has been increasing steadily all over the
world. The momentum of International Commercial Arbitration in particular was provided by
the 1985 United Nations Commission on International Trade Law. Legislation based on the
UNCITRAL model law has been enacted by many Countries most particularly the Union of
Comoros and the Republic of Uganda. This Dissertation aims to examine and compare the
Legal and Institutional framework governing International Commercial Arbitration, to
critically examine the current arbitration rules put in place for proceed commercial dispute, to
examine the efficacy of arbitration and highlight its advantages if any, and proffer legal
solutions with the view to minimize challenges under Comoros and Uganda legal system. The
methodology adopted by this work is doctrinal research, statutes and legal decisions are the
primary sources utilized to achieve objectives. It was concluding in this work that the Legal
System of Comoros offered best conditions to resolve International Commercial Arbitration
than that of Uganda. This paper also discussed the arbitration practice challenges and the
opportunities for improvements of the Arbitration rules of both Countries. This work found
that most of the provisions governing the arbitral proceeding of both countries are the same
and both are inspired by the UNCITRAL Model Law and the New York Convention. The
discourse ended with an analysis of what Comoros and Uganda needs to do to enhance the
practice of international commercial arbitration and to make them centers which are capable
to attract foreign and local investors to have their disputes settled locally.
Description
A research thesis presented in partial fulfillment of the requirements for the award of Master’s Degree, School of Law of Kampala International University in Uganda.
Keywords
Legal, Institutional framework, Arbitration Comoros, Uganda