Arbitration analysis: The Uganda Commercial Court recently confirmed the enforceability of unilateral, sole-option or asymmetric arbitration agreements or clauses in Uganda, noting that its function was not to rewrite the parties’ agreement but to construe and effect their intention, including an intention to vest the sole option to arbitrate in one party. In a loan agreement, the parties agreed that the lender would have the sole right to refer a dispute to arbitration while the borrower was limited to a regulatory complaint followed by court action. Relying on the arbitration clause, the borrower sought an interim measure of protection to restrain the lender’s repossession of the loan collateral (a vehicle) pending arbitration. The lender objected, arguing that it had not exercised its sole right to refer the dispute to arbitration, thereby precluding the motion for interim measures of protection pending arbitration. Rejecting the borrower’s plea that the unilateral or sole-option arbitration clause was discriminatory, unjust and contrary to the Ugandan Constitution’s guarantee of equality, the court held that its function was not to rewrite the parties’ agreement but to construe and effect their intention. In this case, the parties bindingly agreed to vest the sole option to arbitrate in the lender, and that arbitration agreement was valid and enforceable. The application for the interim measure of protection was therefore dismissed, there being no evidence that the lender had invoked or intended to invoke its unilateral or sole option to arbitrate. Produced in partnership with Hussein D. Gulam of MMAKS Advocates.