Examination of the Doctrine of Arbitrability and its Applicability

This book examined the legal doctrine of arbitrability and its applicability in Uganda, riding on the fair estimation that arbitration is fast gaining grounds as a preferred method of resolving disputes. Despite the wide acceptability of arbitration as an ADR mechanism, its functionalities remain fluid and susceptible to several inhibiting factors, one of which is the issue of arbitrability. The Arbitration and Conciliation Act of Uganda as amended have no specific provisions on the doctrine of arbitrability, thus creating a difficulty in determining matters, which are amenable to arbitration and those which are not. Using a doctrinal research methodology, this study thus focused on analyzing, the applicable laws and the international perspectives on the doctrine. The major finding shows that there is no specific legislative provision on arbitrability in Uganda. Arbitration practitioners, arbitrators and commercial men rely on the scanty pronouncement of courts with no clear ratio decindendi. The study, therefore, recommends a review of the Arbitration and Conciliation Act with a view to including a provision on arbitrability and a checklist of matters which are non-arbitrable.