Coronavirus (COVID-19)

This subtopic is a source of resources for arbitration practitioners in light of the coronavirus (COVID-19) pandemic.

Across the world, arbitral organisations and practitioners have responded, and will continue to respond, to the outbreak with practical guidance, advice and adjustments to their standard operating procedures as society adjusts to the virus.

Coronavirus and its affects require parties, practitioners and arbitrators to think carefully about how the pandemic may influence arbitral proceedings already on foot or which have yet to be commenced.

In advance of commencing arbitral proceedings (including any applications for expedited and emergency arbitration), it is vital for practitioners to check the latest guidance provided by any relevant arbitral organisation that may impact standard processes. In pending proceedings, parties should liaise with their tribunals and the other parties to resolve any challenges that arise, including in relation to conducting hearings during this period when social distancing, travel restrictions and other limitations apply.

It is also very likely that any arbitration-related court processes will be impacted by the outbreak, and it will be important to stay up to date with the latest guidance from the relevant

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Uganda Commercial Court extends time for setting-aside applications and clarifies arbitrator’s lien

Arbitration analysis: In a bold ruling, the Uganda Commercial Court has broken with binding Supreme Court precedent and its own prior decisions, holding that it has authority to extend the one-month statutory time limit for applying to set aside an arbitral award where there is prima facie a serious ground for setting aside and the interest of justice requires that time be extended. Though open to doubt, the ruling is likely to influence future legislative reform. The court also clarified the effect of an arbitrator’s lien over an award (exercised due to non-payment of their fees) on the timeline for setting aside, holding that the one-month time limit for the setting-aside application begins to run on the date on which the arbitrator actually avails the award to the parties (including the party in default of payment) or makes it available for their collection (typically from the institution administering the arbitration) and not on the date on which the arbitrator informs the parties that the award is ready but has been withheld under lien or even on a prior date on which the award may have been dated and signed but not availed. This is so regardless of who is to blame for the exercise of the lien or who has paid more than their fair share of the arbitrator’s fees to access the withheld award. This holding might incentivise rather than discourage deliberate non-payment of arbitrators’ fees with the intention of delaying issuance of final awards. Written by Hussein D. Gulam, MCIArb, arbitration and litigation attorney at MMAKS Advocates.

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