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Lawyers Question Legality of Newly Formed Arbitration Centre

The centre was officially registered by the Uganda Law Society together and Uganda Bankers Association, as a private sector Led institution dedicated to advancing Alternative Dispute Resolution in Uganda and across East Africa. It was officially launched by Justice Minister General Kahinda Otafiire last month.
20 May 2019 18:33
Left to Right Lawyers Nelson Walusimbi and Andrew Wambi addressing journalsists in Kampala as their supporters look on

Audio 2

City lawyers Nelson Walusimbi and Andrew Wambi have dragged the Uganda Law Society to challenging the legality of the newly formed International Centre for Arbitration and Mediation in Kampala (ICAMEK).  

The centre was officially registered by the Uganda Law Society together and Uganda Bankers Association, as a private sector Led institution dedicated to advancing Alternative Dispute Resolution in Uganda and across East Africa. It was officially launched by Justice Minister General Kahinda Otafiire last month.  

But Walusimbi this morning filed a suit before the Civil Division of the High Court stating that the centre is unconstitutional and that its creation tantamount to selling off the Law Society’s subsidiary business interests or investments and duty to the public.  

He contends that administration and dispensation of justice is, constitutionally a preserve of the state and that it’s illegal for the International Center for Arbitration and Mediation in Kampala (ICAMEK), a private company, limited by guarantee, to set up a parallel and competing system of justice and judicial administration from that which is created by the state.  

He argues that by subscribing to the centre, Uganda Law Society is deviating from its statutory mandate and aiding private profit initiatives against the general public of Uganda, by promoting a judicial system and practice contrary to the Constitution of the Republic of Uganda.    

The two are now demanding that the court declares that the Uganda Law Society acted outside its statutory mandate by subscribing as a member of the International Center for Arbitration and Mediation in Kampala (ICAMEK).  

They also wants a declaration that setting up an alternative dispute resolution judicial practice and administration that is parallel to the established by the government of Uganda for public utility and satisfaction is illegal. Alternative Dispute Resolution entails methods of settlement that do not involve litigation in the courts, among them arbitration, mediation and reconciliation. 

//Cue in; “The law as … 

Cue out…have guided them.”//   

Luganda //Cue in; “Mikwano gyaffe wano…

Cue out: …naye eno ntandikwa.”// 

The President of Uganda Law Society Simon Peter Kinobe says that the faults are misplaced because the issue was brought up in the latest Annual General meeting of the Uganda Law Society in Entebbe and was never challenged.    

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