Arbitration: stay of court proceedings in Uganda
In brief
If a dispute is covered by a valid arbitration agreement, a party sued in court can apply to stay the court proceedings and have the matter referred to arbitration. Under the Arbitration and Conciliation Act the application must be made before that party delivers its first statement on the substance of the dispute.
1. Governing law
Uganda's arbitration regime gives effect to party autonomy and the principle that courts hold parties to their bargain to arbitrate. Section 5 of the Arbitration and Conciliation Act requires the court, on the application of a party, to stay legal proceedings brought in breach of an arbitration agreement and refer the parties to arbitration, unless the agreement is null, void, inoperative or incapable of being performed. The application must be timely — made not later than when the applicant submits its first substantive statement.
2. Key statutes & rules
- Arbitration and Conciliation Act, Cap. 5 — s.5 (stay of legal proceedings and reference to arbitration); s.6 (interim measures by court).
3. Practical guidance
Confirm there is a valid, applicable arbitration agreement covering the dispute.
Apply to stay BEFORE filing a defence or taking any substantive step in the suit.
Frame the application around s.5 and the validity / operability of the clause.
Consider whether interim protective measures are needed pending constitution of the tribunal.
This note is a practitioner orientation, not legal advice, and does not create an advocate–client relationship. Ugandan law changes and chapter and section numbers were revised in the 2023 Laws of Uganda. Verify every statute, rule and authority against the current primary source — and the specific facts of your matter — before filing or relying on it.