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What is ICAMEK?
The International Centre for Arbitration & Mediation in Kampala (ICAMEK) is a company limited by guarantee established to advance Alternative Dispute Resolution in Uganda and across East Africa. ICAMEK focuses on delivering Alternative Dispute Resolution services to businesses, professionals, governments and communities.
On the 26th July 2018, the Uganda Bankers Association (“UBA”) and Uganda Law Society (“ULS”) incorporated it to serve as a complimentary independent Arbitration & Mediation Centre and offer a platform for excellent domestic and international arbitration and mediation services.
What are the ICAMEK Arbitration Rules and for which type of disputes can they apply?
The ICAMEK Arbitration Rules are procedural rules for conduct of arbitration proceedings in arbitration administered by the ICAMEK. The ICAMEK Arbitration Rules are available for use in a wide range of contracts including banking, construction, shipping, insurance, manufacturing, purchasing, and service provision etc.
How can you make the ICAMEK Rules apply to a contract / Agreement?
The ICAMEK Rules can be applied to a contract / agreement by incorporating the ICAMEK Model Clause set out in the schedule to the published Rules or a modification of the Clause with an appropriate clause to cater for the specific requirements of a party. It is recommended that a party obtain legal advice before application of the Model Clause. The ICAMEK secretariat will be at hand to advise parties on the Clauses.
Where can you find the ICAMEK Arbitration Rules?
The ICAMEK Arbitration Rules will be published in the Uganda Gazette and the amendment as well from time to time. However the published version will be available on the official website of ICAMEK. www.icamek.org The ICAMEK secretariat can be contacted to provide copies of the ICAMEK Arbitration Rules.
Do you have a model clause for the ICAMEK Rules?
Yes: The ICAMEK Arbitration Model Clause is set out in the schedule to the published rules. The Model Clause is reproduced here.
Any dispute arising out of or in connection with this contract, including any question regarding its validity or termination shall be referred to or resolved by arbitration under the ICAMEK Rules”
Note — Parties should consider adding:
a). The number of arbitrators shall be… (one or three);
b). The seat or legal place of arbitration shall be… (town and country);
c). The language to be used in the arbitral proceedings shall be…
Are parties to a dispute free to appoint arbitrators or must an arbitrator be appointed by ICAMEK?
Under the ICAMEK Rules parties are free to nominate arbitrators from the ICAMEK list of arbitrators. However parties may request ICAMEK to appointments of arbitrators to determine their disputes. The ICAMEK list of accredited arbitrators will be available on the official website of ICAMEK.
Can a party object / challenge the appointment of an arbitrator, if so what is the procedure?
Yes: The grounds and procedure for challenge of an arbitrator is provided under Rule 19 & 22 respectively of the ICAMEK Arbitration Rules. A challenged arbitrator may withdraw or the parties may consent to the challenge. Where the challenge is not agreed by the parties or the arbitrator does not withdraw, the application for challenge shall be determined by ICAMEK.
How does a party commence arbitration under the ICAMEK Rules?
Arbitration proceedings are deemed to have commenced upon receipt by the Registrar of a request by the party claiming with the requisite registration fee. The procedure for commencement of arbitration is set in Rule 6 of the ICAMEK Arbitration Rules.
How long are proceedings under the ICAMEK Rules likely to take from commencement?
Where the parties respect and support the choice to arbitrate disputes the ICAMEK Arbitration Rules provide for various actions to be undertaken “within” a maximum stipulated time frame. Parties can also exercise party autonomy to set strict or flexible time limits to follow.
What are the costs of arbitrating under the ICAMEK Rules?
The ICAMEK rules offer a highly competitive fee structure for domestic and international arbitrations comparable to other international arbitral institutions. The deposits on fees and the Arbitration Costs are provided in Rule 42 of the ICAMEK Arbitration Rules. Schedule 1 will enable a party to estimate fees and costs of arbitration.
What is the language of arbitration under the ICAMEK Rules?
The initial language of arbitration shall be the language of the arbitration agreement with English as a default language.
Why should I select the ICAMEK Rules for arbitrating a dispute?
ICAMEK is an independent and neutral arbitral institution established by reputable organisations and is governed by a professional Board of Directors supported by a Centre secretariat. ICAMEK Arbitration Rules offer a predictable procedure for the conduct of arbitration at favorable terms of costs and fees compared to other arbitral institutions.
Uganda adopted the UNCITRAL Model law with the Arbitration and Conciliation Act Cap 4 modeled on the law. Uganda is also signatory to the Convention on Recognition and Enforcement of Foreign Awards. This means you can have your award recognized and enforced in a country other than Uganda.
Additionally, the competent staff at ICAMEK led by the Registrar/CEO are at hand to offer administrative support and advice on request.