Wishing a very Happy Birthday to you, Paul! Your dedication to excellence and brilliant legal mind make a lasting impact every single day. May this year bring you continued success and fulfillment. ๐ฅ๐ผ
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In conclusion, Arbitration continues to be the preferred and efficient final course of dispute resolution in respect to disputes arising from construction projects.
5. Interim Measures: Protection (like temporary injunctions on unconditional bonds) isn't granted as a matter of course. Parties must strictly satisfy the legal tests and requirements set by the Court to succeed.
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4. The Pro-Arbitration Bias: Conversely, if a clause is unclear but the partiesโ conduct is consistent with an intent to arbitrate, the Court will interpret the clause in favor of Arbitration and refer the dispute accordingly.
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3. Clarity of Intent: The intention to arbitrate must be explicit. If a clause is vague and the parties' conduct doesn't show a clear path toward arbitration, Courts are likely to retain jurisdiction to hear the dispute themselves.
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2. Public Policy Limits: When do Courts intervene? One example is when an award is contrary to public policyโsuch as an arbitrator framing their own issues without giving parties a chance to submit on them, violating the right to a fair hearing.
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1. Finality is Respect: Courts continue to recognize the finality of Arbitration. They generally avoid interference, setting aside awards only in very limited and specific circumstances. The goal remains to respect the parties' choice of forum.
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At today's Construction Law webinar organized by the Uganda Christian Lawyers Fraternity, I had the opportunity to unpack several key Court decisions regarding Construction Arbitration in Uganda.
Here are the vital takeaways for practitioners and stakeholders:
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It was an exciting time as we celebrated 4 years of Namara Musinguzi and Co. Advocates; joined by clients and friends.
We commit to continue offering transcendently excellent, out of the box solutions and legal support.