UGANDA CHRISTIAN UNIVERSITY

SCHOOL OF LAW
BACHELOR OF LAWS PROGRAMME

Course Unit Alternative Dispute Resolution

Lecturers 1. Mr. Isaac Ssekabanja
2. Mr. Nicholas Muhereza

Tutor Timothy Nsereko

Brief Course Description:

This course is designed to introduce students to the Binding and Non-Binding
Alternative Dispute Resolution methods of Expert Opinion, Arbitration (Special
emphasis will be put on arbitration process), Adjudication, Early neutral evaluation,
Mediation, Party negotiations, counselling and hybrid techniques respectively from
both a legal and functional perspective. Through lectures and experiential
components of this course, students will be equipped to identify and understand
conflict resolution techniques apart from traditional litigation and be able to better
equip to advise clients on appropriate dispute method for their particular legal
challenges.

Mode of Delivery:

Both online and physical Lectures, tutorials, student presentations, guest speakers

Assessment:

Coursework 30% [Class participation (5%), individual written assignment (20%) and
tutorial participation (5%)]

Final Examination 70%

Required Readings

DAVID S. KAGGWA- FCIARB, ARBITRATION AND THE COURTS: HOW NATIONAL COURTS
DEAL WITH ARBITRATION, 1ST EDITION (2020, LAMBERT ACADEMIC PUBLISHING)
ROGER FISHER AND WILLIAM URY, GETTING TO YES, NEGOTIATING AGREEMENT
WITHOUT GIVING IN, PENGUIN BOOKS, USA, 1981 (MULTIPLE COPIES OF THIS BOOK ARE
AVAILABLE BEHIND THE LAW DESK IN THE MAIN LIBRARY.

TIBOR VARADY, JOHN J. BARCELO III & ARTHUR T. VON MEHREN, INTERNATIONAL
COMMERCIAL ARBITRATION: A TRANSNATIONAL PERSPECTIVE (5TH ED. 2012);

STONE, DOUGLAS, BRUCE PATTON, AND SHEILA HEEN. DIFFICULT CONVERSATIONS:

HOW TO DISCUSS WHAT MATTERS MOST. NEW YORK, N.Y: PENGUIN BOOKS, 2000

EMILIA ONYEMA, INTERNATIONAL COMMERCIAL ARBITRATION AND THE ARBITRATOR’S

CONTRACT, 1ST EDITION (2010, ROUTLEDGE)

THE UNCITRAL MODEL LAW ON INTERNATIONAL COMMERCIAL ARBITRATION 1985 (AS

AMENDED);

THE ARBITRATION AND CONCILIATION ACT, CAP. 4

CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL

AWARDS (NEW YORK, 1958)

BERNARD MAYER, THE DYNAMICS OF CONFLICT RESOLUTION: A PRACTITIONER’S GUIDE,

2000

MNOOKIN, ROBERT H, SCOTT R. PEPPET, AND ANDREW S. TULUMELLO. BEYOND

WINNING: NEGOTIATING TO CREATE VALUE IN DEALS AND DISPUTES. CAMBRIDGE, MASS:
BELKNAP PRESS OF HARVARD UNIVERSITY PRESS, 2000

COURSE TOPICS:

ADR OVERVIEW AND INTRODUCTION & LEGAL FRAMEWORK OF ADR IN UGANDA.

During this topic, we shall focus on the legal framework providing for and governing
ADR in Uganda. Students will briefly explore the historical development of ADR in
Uganda and transition to the current framework.

Topic Preview
 What is Litigation and ADR methods
 What is party negotiations (without prejudice engagements)?
 What is Expert Opinion?

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 What is early neutral evaluation?
 What are Dispute Review Boards?
 What is Mediation?
 What is adjudication?
 What is counselling?
 What are Hybrid Techniques?
 Industry use of ADR 
 Sources of ADR rules (Rules for Institutional and ad hoc ADR)

Must Read:
1. Cutts V. Head (1984) 1 Ch. 290
2. Reading Assignment: Anthony C. Kakooza, Arbitration, Conciliation and
Mediation in Uganda: A Focus on the Practical A Focus on the Practical Aspects
http://ssrn.com/abstract=1715664 ;
3. Thomas J. Stipanowich, ADR and the “Vanishing Trial”: The Growth and Impact
of “ Alternative Dispute Resolution” Journal of Empirical Legal Studies, 2004,
pages 27-31. Available on http://cardozojcr.com/vol7no1/CAC104.pdf

4. Introduction & Chapter 1: Fisher, Roger, Bruce Patton, and William Ury. Getting
to Yes: Negotiating Agreement Without Giving in. Rev. ed. New York: Penguin
Books, 2011

5. Readings from the Bible on Settlement of Disputes.

6. Chapter 4 of The Uganda Civil Justice Bench Book page 40-41 available on
http://www.judiciary.go.ug/files/downloads/The_Judiciar_Handbook.pdf

7. Geofrey Kiryabwire. (April 2005) Alternative Dispute resolution a Uganda

Judicial Perspective. Paper presented at a continuation Seminar for Magistrates
Grade one at Colline Hotel Mukono. Also available at
https://uculawlib.files.wordpress.com/2016/09/alternative_dispute_resolution
-kiryabwire.pdf
8. Anthony Kakooza Arbitration Conciliation and Mediation in Uganda. A focus on
the practical aspects, Anthony C. Kakooza.
file:///C:/Users/HP/Downloads/SSRN-id1715664%20(2).pdf
9. Chapter 1: Bernard Mayer, The Dynamics of Conflict Resolution: A Practitioner’s
Guide, 2000.
10. Judicature Act, Cap 2
11. Housing Grants, Construction and Regeneration Act, 1996 (as amended)- Wales
& England
12. Sir Peter Coulson, Coulson on Construction Adjudication, 2nd Edition, (2011,
Oxford University Press)

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 INTRODUCTION TO DISPUTE RESOLUTION

Topic: Understanding Conflict

In this topic, we will be considering

 Conflicts or disputes
 Definition and Nature of Conflict
 Sources of Conflict
 Role of conflict in society
 The difference between tractable and intractable conflicts,
 Terminologies in Conflict Resolution

Topic: Selection of Dispute Resolution Methods

In this topic, we will consider:

 Finality based processes such as litigation and arbitration

 Settlement based methods such as negotiation and mediation
 Provisional decisions by a third party
 Shortcuts, combinations and specialties
 Priorities in dispute management
 Drafting of the dispute resolution clause
 The importance of Choice of Law and Jurisdiction clauses

Must Read:

1. Yarn, Douglas H. (ed) Dictionary of Conflict Resolution Jossey Bass Publishers

1999
2. Moffitt, Michael. L; and Bordone, Robert C. (ed) The Handbook of Dispute
Resolution Jossey Bass Publishers 2005 San Francisco
3. Cloke, K Mediating Dangerously: The Frontiers of Conflict Resolution Jossey Bass
2001

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 INTRODUCTION TO NEGOTIATION.

During these weeks, students will define negotiation as a process in ADR. They will
explore what the process of negotiations involves, the tactics of negotiation experts.
Students shall explore basic factors affecting negotiations and devise ways of reducing
or eliminating the barriers. A comparison between the techniques of principled V
positional bargaining will be made. Students will be exposed to the ethical
considerations a lawyer must have during negotiations. Students will engage in role
playing basing on the exercise distributed. Through this they will be exposed to the
steps and processes on how to prepare to negotiate. Emphasis will be placed on
assessing the benefits of value creation, cooperation, and concluding negotiations.

Must Read:

1. Chapter 1 & 2, Fisher, Roger, Bruce Patton, and William Ury. Getting to Yes:
Negotiating Agreement Without Giving in. Rev. ed. New York: Penguin Books,
2011.
2. Chapter 3&4 Fisher, Roger, Bruce Patton, and William Ury. Getting to Yes:
Negotiating Agreement Without Giving in. Rev. ed. New York: Penguin Books,
2011
3. Charles Craver, “Negotiating Ethics: How to be Deceptive without being
Dishonest/ How to be Assertive without being Offensive” (1997) 38 Texas Law
Review713.http://scholarship.law.gwu.edu/cgi/viewcontent.cgi?article=1515&
context=faculty_publications
4. Lande John, “Getting Good Results for Clients by Building Good Working
Relationships with Opposing Counsel” (2011) 33 L A Verne Law Review 107.
http://scholarship.law.missouri.edu/cgi/viewcontent.cgi?article=1255&contex
t=facpubs
5. Chapters 1 and 4: Mnookin, Robert H, Scott R. Peppet, and Andrew S.
Tulumello. Beyond Winning: Negotiating to Create Value in Deals and Disputes.
Cambridge, Mass: Belknap Press of Harvard University Press, 2000.

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 MEDIATION AND CONCILIATION

During this topic, students shall define mediation. Students shall explore ethical
expectations of mediators. Students will explore what steps lead up to a successful
mediation. Students will be exposed to Evaluative and Facilitative Mediation processes.
Court annexed mediation will be a central focus of the topic.

Must Read:

1. Moore, Christopher W. The Mediation Process: Practical Strategies for Resolving

Conflict. San Francisco: Jossey-Bass, 1986
2. Chapter 3 of ADR in a nutshell.
3. Judicature (commercial court Division) (Mediation) Rules 2007 S I 2007 NO 55.
4. United Nations, United Nations Guidance for Effective Mediation (UN 2012).
5. Stone, Douglas, Bruce Patton, and Sheila Heen. Difficult Conversations: How to
Discuss What Matters Most. New York, N.Y: Penguin Books, 2000
6. The Judicature Act, Cap. 13,
7. The Judicature (Commercial Court Division) (Mediation) Rules No. 55/2007.
8. Legal Notice 71 of 2000.
9. Legal Notice 71 of 2003. The Commercial Court Division (Mediation Pilot Project)
Practice Direction, 2003.
10. Statutory Instrument No. 71 2003 The commercial court Division (Mediation Pilot
Project) Rules 2003.
11. S.S Enterprise Ltd & Anor Vs. Uganda Revenue Authority HCCS No. 707 of 2003
(unreported)- arguments.
ARBITRATION LAW
Topic 1: Alternative Dispute Resolution. The Nature of Arbitration. Sources of
Arbitration Rules; Institutional Rules
Topic Preview
 What is arbitration?
 Other features of arbitration: expense and privacy
 Industry use of arbitration 
 Sources of arbitration rules
 Rules for Institutional and ad hoc arbitration

Topic 2: Domestic and International Arbitration. Private International Law.

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Topic Preview
In this topic we will put arbitration in its international context and consider the complex
rules which apply when a dispute involves an international element. The subjects
covered in this topic include:
 Domestic and international arbitration
 Internationalization of arbitration
 International commercial Arbitration
 Conflict of Laws in international Arbitration
 Arbitrability in international arbitration
 Private International Law

Today it has become almost a commonplace to state that arbitration is an obvious

choice for anyone engaged in any type of international commerce. This is due mainly
to the role and universal acceptance of the New York Convention 1958 which we shall
discuss in greater detail later in this topic, and a number of other international
instruments. However, this has not always been the case, and this level of universal
recognition was preceded by a significant degree of hostility towards arbitration,
especially international arbitration, from different national legal systems.

Topic 3: Arbitration Law in the Uganda (1)

Topic Preview
This topic, begins an examination of the main arbitral regime in Uganda, namely the
Arbitration and Conciliation Act Cap.4 and this topic includes:
 Introduction to Ugandan arbitration in comparison with English (UK) Arbitration
 Territorial application
 General Principles
 Mandatory and non mandatory provisions
 Form of arbitration agreement
 Definition of arbitration agreement

Topic 4: Arbitration Law in the Uganda

Topic Preview
This topic examines some of the main provisions of the Arbitration and Conciliation
Act and includes:
 Interpretation of the arbitration agreement
 Stay of Proceedings
 The Arbitral Tribunal

Topic 5: Jurisdiction of the Arbitral Tribunal; General Duties of the Tribunal;

Procedural Provisions
Topic Preview
In this topic we continue our examination of the main provisions of the Arbitration and
Conciliation Act, Cap. 4 and in doing so, we cover the following areas:
 Jurisdiction of the arbitral tribunal
 General duties of the tribunal

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  Procedural provisions

Topic 6: Arbitration Law in the Uganda

Topic Preview
In this topic we continue our examination of the main provisions of the Arbitration and
Conciliation Act, Cap. 4 and in doing so, we cover the following areas:
 General Duties of the Parties
 Powers of the Court in Arbitral Proceedings
 The Award
 Costs

Topic 7: Removal of an arbitrator etc

Topic Preview
In this topic, we cover the following areas:
 Removal of an arbitrator
 Loss of right to object
 Miscellaneous provisions
Topic 8. Challenging an award: serious irregularity and appeal on a point of law
Topic Preview
In this topic, we conclude our examination of the main provisions of the Arbitration
and Conciliation Act, Cap. 4 and in doing so, we cover the following areas:
 Challenging an award: serious irregularity
 Challenging an award: appeal on a point of law

Topic 9: The UNCITRAL Model Law On International Commercial Arbitration 1985

and the 2010 UNCITRAL Arbitration Rules
Topic Preview
In this Topic, we consider two major international instruments on international
commercial arbitration.
The most attention will be devoted to the Model Law; UNCITRAL Arbitration Rules will
be addressed very briefly. The following subjects are covered:
 Background to Model Law
 How and why it was developed
 Interpretation of Model Law
 Definition of international commercial arbitration
 Main clauses of Model Law
 UNCITRAL Arbitration Rules

Arbitration Practice & Procedure, Drafting & Deciding

Topic 1: General Principles & Ethics

Topic Preview
This Topic considers the essential nature of the arbitral process in itself, how it has
become affected by law and offers some practical advice. The ‘general principles’ are

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stated and interlinked as concepts, and each one is briefly discussed and defined. This
is followed by a brief introduction to the ethics required of all those involved in the
arbitral process, especially those of the ‘Complete Arbitrator’.
This Topic includes:
 Arbitration – background to a commercial process
 Arbitration’s relationship to Law
 The source of the process & the general arbitral principles
 Relevance & Interaction
 Some practicalities
Topic 2: Arbitral Drafting
Topic Preview
This Topic introduces the practical requirements in arbitration and provides advice on
how to draft documents in them. These materials are general but, where it is necessary
to refer to a specific legal requirement, they are presented with reference to Ugandan
Arbitration law. There are sections on:
 Introduction to Topics 2 to 8
 How to write an Arbitration Agreement
 Drafting in Arbitration
 Drafting generally
 Writing in ‘Plain Language’ & Punctuation Guidelines
 Language for ‘Legal Satisfaction’
 Drafting When Deciding
Topic 3: Nomination & Appointment
Topic Preview
This Topic begins to address the practical requirements of the several stages in an
arbitration. This Topic includes:
 The various matters leading to & including appointment
 How an Invitation to be Arbitrator might be handled
 Schedules of Fees & Expenses and Terms of Appointment
 Dealing with a Challenge regarding a Possible Conflict of Interest
 Some example documents relating to Nomination and Appointment
Topic 4: Management of the Process – Interlocutory Procedures
Topic Preview
This Topic discusses the core procedural stages that can occur in arbitration, including:
 Pleadings
 Interlocutory applications
 Inspection of ‘real’ evidence
 Crafting a suitable procedure
 Examples of interlocutory documents

Topic 5: Conduct of a Hearing, Issues & How to Decide

Topic Preview
This Topic discusses the practicalities and details of How to Conduct a typical domestic
UK arbitration Hearing and includes sections on:
 Pre-Hearing Review

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  Requirements for the Venue
 What the Arbitrator should remember
 The main stages in a Hearing
 The taking of evidence
Topic 6: Introducing Arbitral Awards
Topic Preview
This Topic introduces Awards, the final act and document in an arbitration. The
materials are presented with reference to Ugandan and English Arbitration law with
sections on:
 Objects of an Award
 Types of Award
 Award Contents
 Formal Requirements
 Legal Requirements
 Differences between Directions, Orders, Rulings and Awards
 Peculiar Nature of an Award
Topic 7: Interest & Expenses (Costs)
Topic Preview
This Topic discusses the ‘general’ items claimed in arbitration – interest and costs– with
sections on:
 Statutory interest
 Costs; statutory provisions, practical considerations,
 Costs liability & quantification
 Offers to settle
 Costs Determination
 Determination of recoverable costs

Topic 8: International Considerations

Topic Preview
This Topic discusses the pivotal international documents relating to arbitration with
sections on:
 History & Timeline
 The League of Nations & the United Nations
 New York’ Convention 1958 &c
 Procedural laws
 The main applicable laws in arbitration
 Comparison between Civil and Common law systems in arbitration

MUST READ:

1. The Arbitration and Conciliation Act, Cap. 4

2. David S. Kaggwa- FCIArb, Arbitration and the Courts: How National Courts deal
with Arbitration, 1st Edition (2020, LAMBERT Academic Publishing)

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3. Emilia Onyema, International Commercial Arbitration and the Arbitrator’s
Contract, 1st Edition (2010, Routledge)
4. Julian D.M. Lew, Contemporary Problems in International Arbitration, 1st Edition
(1987, Springer-Science+Business Media, B.V)
5. The UNCITRAL Model Law On International Commercial Arbitration 1985 (as
amended)
6. The UNCITRAL Arbitration Rules (as revised in 2010)
7. Convention on the Recognition and Enforcement of foreign Arbitral Awards (New
York, 1958)
8. Chapter 4 of ADR in a nutshell.
9. Mbale Resort Hotel Ltd vs Babcon Uganda Ltd HCMA No. 265 of 2010
10. Babcon Uganda Ltd vs Mbale Resort Hotel Ltd UGSC- Civil Appeal No. 06 of 2016
11. Meditec Systems (Kenya) Limited vs The Attorney General of Uganda, Misc.
Application No. 991 of 2016
12. East African Development Bank vs. Ziwa Horticultural Exporters Ltd High Court
Misc. Application. No. 1048 of 2000.
13. Farmland Industries Ltd vs. Global Exports Ltd [1991] H.C.B 72.
14. Ruth Bemba & Anor vs. QAFCB HCCS 833 of 1989.
15. Shell (U) Ltd Vs. Agip (U) Ltd, Supreme Court Appeal No. 49 of 1995.
16. Bayeti Farm Enterprises Ltd & Anor vs. Transition Grant Services CAD/ARB/No.4
0f 2009.
17. Thomas J. Stipanowich, Arbitration: The “New Litigation”, 2010 Univ. Ill. L. Rev
18. TIBOR VARADY, JOHN J. BARCELO III & ARTHUR T. VON MEHREN, INTERNATIONAL COMMERCIAL
ARBITRATION: A TRANSNATIONAL PERSPECTIVE (5th Ed. 2012)
19. Cloke, K Mediating Dangerously: The Frontiers of Conflict Resolution Jossey Bass
2001
20. Moffitt, Michael. L; and Bordone, Robert C. (ed) The Handbook of Dispute
Resolution Jossey Bass Publishers 2005 San Francisco
21. Yarn, Douglas H. (ed) Dictionary of Conflict Resolution Jossey Bass Publishers
1999

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