𝐂𝐈𝐀𝐫𝐛 𝐔𝐠𝐚𝐧𝐝𝐚 𝐀𝐮𝐠𝐮𝐬𝐭 𝐍𝐞𝐰𝐬𝐥𝐞𝐭𝐭𝐞𝐫: 𝐈𝐧𝐬𝐢𝐠𝐡𝐭𝐬 𝐨𝐧 𝐀𝐫𝐛𝐢𝐭𝐫𝐚𝐥 𝐃𝐮𝐞 𝐏𝐫𝐨𝐜𝐞𝐬𝐬

𝐅𝐞𝐚𝐭𝐮𝐫𝐞𝐝 𝐢𝐧 𝐭𝐡𝐞 𝐂𝐈𝐀𝐫𝐛 𝐔𝐠𝐚𝐧𝐝𝐚 𝐀𝐮𝐠𝐮𝐬𝐭 𝐍𝐞𝐰𝐬𝐥𝐞𝐭𝐭𝐞𝐫: 𝐈𝐧𝐬𝐢𝐠𝐡𝐭𝐬 𝐨𝐧 𝐀𝐫𝐛𝐢𝐭𝐫𝐚𝐥 𝐃𝐮𝐞 𝐏𝐫𝐨𝐜𝐞𝐬𝐬.

In the article titled “𝘐𝘶𝘳𝘢𝘯𝘰𝘷𝘪𝘵𝘢𝘳𝘣𝘪𝘵𝘦𝘳𝘪𝘴𝘯𝘰𝘵𝘢 “𝘤𝘩è𝘲𝘶𝘦𝘣𝘭𝘢𝘯𝘤” 𝘵𝘰𝘥𝘪𝘴𝘳𝘦𝘨𝘢𝘳𝘥𝘥𝘶𝘦𝘱𝘳𝘰𝘤𝘦𝘴𝘴𝘪𝘯𝘢𝘳𝘣𝘪𝘵𝘳𝘢𝘭𝘱𝘳𝘰𝘤𝘦𝘦𝘥𝘪𝘯𝘨𝘴: 𝘊𝘢𝘯𝘢𝘧𝘎𝘳𝘰𝘶𝘱𝘐𝘯𝘤. 𝘷. 𝘒𝘪𝘭𝘦𝘮𝘣𝘦𝘔𝘪𝘯𝘦𝘴𝘓𝘪𝘮𝘪𝘵𝘦𝘥, 𝘔𝘪𝘴𝘤𝘦𝘭𝘭𝘢𝘯𝘦𝘰𝘶𝘴𝘈𝘱𝘱𝘭𝘪𝘤𝘢𝘵𝘪𝘰𝘯𝘕𝘰. 47 𝘰𝘧 2023“ co-authored by our Managing Partner, Mr. Timothy Masembe and Derrick Kizito Kunyiga, we argue that arbitral tribunals conducting arbitrations seated (governed by the laws of Uganda) in Uganda (and in most common law jurisdiction including England and Wales) cannot make determinations on issues not raised by the parties, including issues of law, unless they have allowed the parties an opportunity to address them on the issues.

In civil jurisdictions such as France, Burundi, Rwanda etc, arbitral tribunals may have such powers under the doctrine of “𝗜𝘂𝗿𝗮𝗻𝗼𝘃𝗶𝘁𝗮𝗿𝗯𝗶𝘁𝗲𝗿” (meaning the arbitral tribunal knows the law), thus the tribunal can decide on a point of law not conversed by the parties but arising in the arbitration.

This article was originally published in the 𝐂𝐈𝐀𝐫𝐛 𝐔𝐠𝐚𝐧𝐝𝐚 𝐀𝐮𝐠𝐮𝐬𝐭 2025 𝐍𝐞𝐰𝐬𝐥𝐞𝐭𝐭𝐞𝐫.