School of Law (S.Law) Collection

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https://dissertations.mak.ac.ug/handle/20.500.12281/4092

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Browsing School of Law (S.Law) Collection by Title

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    Access to finance for small and medium-sized enterprises: a case for creating an enabling legal environment for venture capital financing in Uganda
    (Makerere University, 2023-07) Alinda, Aaron
    Venture Capital funds have the considerable potential of meeting the unique financing needs of SMES in Uganda since they have the capacity to invest relatively high risk capital and also work closely with the businesses by providing strategic, managerial and technical advice to boost growth. SMEs are major backbone of most economic activities in Uganda through massive creation of employment and revenue generation. In attempt to ensure sustainability of SMEs, the government has ensured the increasing number of financial institutions and government initiated programs such as Youth Venture Capital Funds (YVCF), SME funds and Livelihood Programs among others to increase credit accessibility by SMEs on favorable credit terms.
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    Access to justice for women with disabilities in Kampala during the COVID-19 pandemic; a learning experience for future crises
    (Makerere University, 2023-07) Owach, Rita
    Access to justice is a right available to women with disabilities in Article 13 of the United Nations Convention on the Rights of Persons with Disabilities. The novel Covid-19 pandemic which hit the world by storm in 2019 affected a number of sectors including the judicial sector. In Uganda, both the state and the judiciary adopted a number of measures to mitigate the spread of the pandemic. While the pandemic has subsided, it is important to thoroughly analyse the impact it had on access to justice for women with disabilities in order to devise means of ensuring these women can still effectively access justice in the event of future crises. The general objective of this research was to examine the state of access to justice for women with disabilities in Kampala (Uganda’s capital city) during the pandemic with the aim of suggesting recommendations to ensure better access to justice for these women in case of future pandemics or crises. The findings revealed that access to justice for women with disabilities was generally poor during the pandemic. Measures adopted by the state for example shifting court hearings online negatively affected access to justice for women with disabilities during the pandemic as many of these women did not have the technology required (smartphones, laptops and internet) to utilise virtual court options while others did not know how to utilise this technology. Lockdown of public transport made transportation to institutions from which these women could access justice like police stations difficult. Prohibition of public gatherings interfered with sensitisation of women with disabilities of their rights and the institutions from which they could access justice. In order to ensure better access to justice for women with disabilities during future pandemics or crises, legislation and policy must be put in place to ensure appropriate procedural accommodations for virtual court options utilised during future pandemics or crises. Internet accessibility and connectivity should be improved to enable women with disabilities easily utilise virtual court options. Women with disabilities should be included in emergency response policy making especially concerning access to justice during crises. Proper records for example statistics of women with disabilities must be kept to ease planning for women with disabilities during future crises.
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    AI as a game changer for health care: analyzing artificial intelligence’s role in the procurement and distribution of essential drugs in Uganda
    (Makerere University, 2023-07) Birungi, Patience Mpora
    In order to solve the issue of drug stock-outs in the nation, this thesis examines the role of artificial intelligence (AI) in the procurement and distribution of essential drugs by National Medical Stores. The thesis investigates the accessibility of essential medicines in Uganda, concentrating on the public health sector, for which the Ugandan government may be held responsible. The remainder of the paper then identifies gaps in the current National Medical Stores procurement and distribution process and suggests AI-based solutions aimed at enhancing the effectiveness, sustainability, and accountability of the procurement and distribution of essential drugs, all of which will ultimately improve the standard of healthcare services offered to Ugandans.
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    The alignment of Uganda’s legal framework with the world health organization’s strategies for ending preventable maternal mortality
    (Makerere University, 2025) Soki, Hildah
    Maternal mortality is major health challenge in Uganda. This paper assesses how Uganda’s legal framework aligns with the World Health Organization’s Strategies for Ending Preventable Maternal Mortality (EPMM). It examines constitutional provisions, key laws and policies. The analysis focuses on core EPMM areas: legal recognition of health rights, elimination of discrimination, universal health coverage, health system strengthening, accountability, and financing. Findings show that while Uganda has made progress particularly through rights-based policies and maternal health surveillance gaps remain in enforcement, access to services, funding, and addressing inequalities. Drawing comparisons from countries like South Africa, Kenya, and Nepal, the paper highlights areas for improvement. It recommends stronger legal reforms, better resource allocation, and enhanced accountability to meet EPMM goals and reduce preventable maternal deaths.
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    Analysis of health rights of females with physical disabilities in Uganda
    (Makerere University, 2022-08) Ashabire, Fortunate
    Maternal health is the health of women during pregnancy, child birth, and the postpartum period. Moreover, in most cases, it encompasses the health care dimensions of the family planning, preconception, parental and postnatal care in order to ensure a positive and fulfilling experience. It‟s one of the most pervasive of human rights denying women and girls‟ security, equality, self-worth and their rights to enjoy fundamental freedoms. The right to sexual and reproductive health continues to face significant obstacles in Uganda. This research study focuses specifically on the analysis of health rights of females with physical disabilities in Uganda. The study was conducted in Uganda pursuant to the enactment of the 1995 Constitution of the Republic of and the research was guided by the following objectives: I. To identify the maternal health rights of women with physical disabilities II. To find out the laws relating to sexual and reproductive health rights of women with physical disabilities in Uganda III. To find out the problems hindering access and achievement of maternal and SRHR of women with physical disabilities in Uganda IV. To suggest possible recommendations through the analysis of the research in order to accommodate for females with physical disabilities to achieve these rights From the findings of the study, the researcher inferred that Uganda has got the laws in relation to maternal health and sexual reproductive health rights but they are crippled with lacuna's and weaknesses, and there are many problems hindering access and achievement of maternal and SRHR of women with physical disabilities in Uganda. The researcher concluded by highlighting some recommendations in a brief summary as follows. The fight against discrimination, impunity, poor service delivery by government and other factors facilitating continuance of such violations need to be intensified. he victims of violation should be highly compensated by the government and violators of such rights should be individually penalized. The government, the civil society organizations and all other stake holders should take charge on civic education to enlighten the public on the rights of women living with physical disability. Local governments should monitor the sensitization and public awareness campaigns to avoid wastage of public funds for example for purchasing tool-kits for labor wards.
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    An analysis of the efficiency of Uganda's legal regime for consumer protection through regulation of marketing on the cyber space
    (Makerere University, 2023-07) Rwantangare, Hans Tukwatanise
    The work considers the efficacy of Uganda's legal regime to respond to the modern issues and challenges that face modern day consumers who participate in online transactions. The research investigates, in particular, the issues and effects of modern day marketing methods that have been promoted by the nature of e-commerce transactions all whilst placing the day-to-day online consumer at the center of the investigations. A comparative analysis of international and national laws and approaches to consumer protection and online business regulation is made which culminates into recommendations to consumers, online traders, and the law and policy makers; all aimed at protecting the rights of consumers who participate in online transactions.
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    Analysis of the evolution of the principle of special and differential treatment in the context of the international legal regime for climate change governance
    (Makerere University, 2025) Twine, Sabah Busingye
    While global climate change began as an environmental issue, it has now impacted every element of human life, with consequences for the economy, public health, social issues such as migration, and loss of livelihood. However ,affluent nations are responsible for the vast majority of climate change. However,every country is affected by the global climate issue. This is a concern since different countries have varying capabilities and capacity to address the problem. The international community has been creating mechanisms to account for the differences between industrialised countries, developing countries and Least Developed Countries (LDCs) . One of these tools is the principle of Special and Differential Treatment (SDT) .The purpose of this study is to assess how the principleSpecial and Differential Treatment has eveloped over the years and map out its application in the development of the international legal regime for cliate change governance. Drawing on largley on existing literature, we analyze the development of the SDT principle, how it's scope has changed over the years and how it is applied in climate change governance instruments.
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    An analysis of the impact of artificial intelligence on the banker-customer relationship
    (Makerere University, 2025) Asinguza, Angelo
    The banking sector is experiencing profound technological advancements,from mobile and electronic banking via apps to Artificial Intelligence today. The adoption of Artificial Intelligence to perform banking activities has inevitably impacted how banks operate and serve their customers thus greatly impacting the bank-customer relationship. However,certain risks are associated with Artificial Intelligence in banking, which necessitates regulatory frameworks to mitigate the risks while encouraging innovation. This dissertation sets out to analyze the Impacts of Artificial Intelligence on the Bank-Customer relationship and the regulatory efforts being taken to regulate Artificial Intelligence in banking to protect customers against associated risks. In going about this task, I examine the way Artificial Intelligence has redefined bank-customer relationship and drawing inspiration form different jurisdictions, in particular, United States, China and Europe analyze the efficacy of the regulatory efforts being taken.
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    An analysis of the impact of consideration of geo-political interests vis-a-vie objective legal considerations for military intervention by the five permanent members of the UN Security Council, on the implementation of the responsibility to protect
    (Makerere University, 2021-12) Bakunda, Ahumuza Emily
    This paper makes an in-depth analysis of the UN Security Council’s role in the Responsibility to Protect. The paper highlights the accepted legal considerations for Military intervention under the third pillar of the Responsibility to Protect vis-a-vie the actual geopolitical considerations that have governed military intervention and non-intervention by the five permanent members of the UN Security Council in recent humanitarian crises across the globe. The paper also discusses the impact of this on the principle of the Responsibility to Protect as an emerging norm and on Humanitarian intervention as a whole.
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    An analysis of the impact of the computer misuse act, 2011 on the freedom of expression in Uganda
    (Makerere University, 2022-09) Taremwa, Samuel
    On Tuesday 28th December 2021 renowned novelist and government critic Kakwenza Rukirabashaija was gruesomely arrested and detained. Later in a statement by police, it was revealed that Kakwenza was being held on charges of “offensive communication” under the Computer Misuse Act for posting tweets which allegedly disturbed the peace of the president and his son with no purpose of legitimate communication. This scenario is emblematic of the shrinking space for free expression in the Ugandan cyberspace. While the Internet is frequently hailed as a tool for individual free expression, this is not the case in Uganda where the state is using the Computer Misuse Act, specifically sections 24 and 25, to limit online freedom. This paper therefore analyses the impact of the CMA on the freedom of expression.
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    An analysis of the legal and regulatory framework for corporate governance in secondary schools in Uganda.
    ( 2019-07) Turyamureeba, Dorcus
    Corporate governance in education institutions focuses on the process under which they are organized and managed and how the administrators meet their responsibilities. Secondary schools play an important role and therefore must be compliant with the code of good practice whenever necessary in order to control risk and disorderly operations.Such schools need to comply with relevant corporate governance standards to ensure they are properly managed and all interests of stakeholders are protected. This research seeks to assess corporate governance practices among secondary schools in Uganda and assess mechanisms for enforcing compliance.This research aims at investigating corporate governance in education institutions with specific reference to secondary schools in Uganda. Every school must be run in a manner stipulated in the Education Act of 2008 and those entrusted with authority to govern the schools need to observe basic governance principles over and above the basic skills and competencies required. A good school governance system requires a balance of stakeholder interests and expectations flourishing partnership, based on mutual interest and mutual confidence, between the many constituencies that make up and support the school. The research finds this vital for any school to perform well.
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    An analysis of the observance of the law of armed conflict by non-state actors in relation to international law: a case of the republic of South Sudan
    (Makerere University, 2023-06) Peter, Mamuch Deng Nyang
    The African continent remains besieged by many armed conflicts. Since 1970, Africa has seen more than thirty wars, which have resulted in more than half of all war-related deaths worldwide and have produced about 9.5 million refugees.1 The conflicts have led to genocide in Rwanda and gross violations of human rights, including gruesome mutilations of large numbers of people, in Sierra Leone, Burundi, the Democratic Republic of Congo, Angola, Uganda and the Sudan. It is worth noting that South Sudan has experienced one of the longest and most tragic spells of armed conflict since 1956 and after independence of the Sudan. The Sudan has been a battle ground for two civil armed conflicts.3 The first was a civil war that lasted for 17 years from 1955-1972 which ended with signing of the Addis Ababa Agreement in 1972 in Addis Ababa, Ethiopia. The second war lasted 21 years from 1983 – 2005 after which a Comprehensive Peace Agreement (CPA) was signed on 9th July 2005 in Naivasha Kenya between the National Congress Party (NCP) and The Sudan People’s Liberation Movement / Army (SPLM/A). South Sudan has been plagued by armed conflicts for several decades, with the most recent and devastating conflict beginning in December 2013. This conflict emerged after President Salva Kiir accused his former deputy Riek Machar of attempting a coup, and it quickly escalated into a full-blown civil war that lasted for more than five years. The conflict was driven by a range of factors, including political and ethnic tensions within South Sudan, regional rivalries, and international efforts to build a stable and democratic South Sudan. Prior to this conflict, South Sudan had also experienced decades of violence and instability as a result of its struggle for independence from Sudan, which was marked by numerous armed rebellions and conflicts.There are several armed groups in South Sudan that have played a role in the country's conflicts. Some of the key armed groups include: Sudan People's Liberation Army (SPLA): This is the official military of South Sudan, formed in 1983 as the armed wing of the Sudan People's Liberation Movement (SPLM) during the war for independence from Sudan, Sudan People's Liberation Movement-In Opposition (SPLM-IO): This is a rebel group that was formed in 2013 after President Salva Kiir accused his former deputy Riek Machar of attempting a coup. The SPLM-IO has been one of the main parties in the conflict that erupted in 2013, National Salvation Front (NAS): This is a rebel group that was formed in 2017 by former senior officials of the SPLM-IO who defected from the group. NAS has been involved in fighting against government forces in parts of South Sudan, South Sudan United Front/Army (SSUF/A): This is a rebel group that was formed in 2018 by former military chief of staff General Paul Malong. The group has been fighting against government forces in parts of South Sudan, Other militia groups: There are also numerous militia groups that operate in South Sudan, many of which are aligned with one of the larger armed groups. These groups often operate independently and have been responsible for widespread violence and human rights abuses in the country. In addition to the official military and rebel groups, there have also been several non-state actors that have participated in the conflict in South Sudan. Some of the key non-state actors include: Ethnic militias which have emerged throughout the conflict, with many of them aligned with either the government or rebel forces. These militias are often composed of civilians who take up arms to defend themselves and their communities, Private military contractors who have operated in South Sudan, providing military training, logistical support, and other services to government forces and other armed groups, Criminal groups: There are also criminal groups that have taken advantage of the conflict to engage in activities such as arms trafficking, human trafficking, and looting, and Foreign fighters from other African countries, such as Uganda, Sudan, and Ethiopia, who have fought on both sides of the conflict. The involvement of these non-state actors has added to the complexity and brutality of the conflict in South Sudan, exacerbating the humanitarian and human rights crises in the country
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    Analysis of the policy and legal framework for energy transition in Uganda
    (Makerere University, 2025) Nagawa, Joyce Katumba
    Energy transition refers to the shift from traditional, fossil-fuel-based energy systems to renewable sources like solar and wind. The global commitment to sustainable energy transition therefore implies a transformative shift in how energy is produced, distributed and consumed with the goal of moving away from fossil fuels towards an energy system centered on renewable energy sources. The overriding goal of this shift is to reduce carbon emissions and build a more sustainable future for humanity. At the national level, accelerating and achieving this transition requires deliberate measures to scale up renewable energy production and energy storage, decarbonizing sectors reliant on fossil fuels, accelerating energy efficiency measures and adopting innovative financing mechanisms and the global, regional and national levels. While the energy transition is a deeply technology driven process, it requires an enabling policy and legal environment that provides the framework for energy generation, transmission, distribution and access, among other. This study assesses the current energy policy and legal framework in Uganda and the extent to which the existing framework provides a basis for attaining a sustainable energy transition. That study concludes that an enabling legal regime ought to address a range of issues within the energy transition process including: financing, investment, grid integration and energy justice issues encompassing the broad spectrum of a national energy mix.
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    An analysis of Uganda’s legal and policy framework against political corruption: challenges and prospects
    (Makerere University, 2025) Omugit, Brian Opedun
    Political corruption remains a pervasive challenge in Uganda, undermining democratic governance, economic development, and public trust in institutions. This study examines Uganda’s legal framework addressing political corruption, analyzing its strengths, weaknesses, and effectiveness in combating corrupt practices among public officials. Through a qualitative review of existing legislation, including the Anti-Corruption Act of 2009, the Leadership Code Act, and relevant constitutional provisions, alongside case studies of high-profile corruption scandals, the research identifies key challenges such as weak enforcement mechanisms, judicial interference, and limited institutional autonomy. The study further explores prospects for reform, including enhanced whistleblower protections, digital transparency tools, and regional anti-corruption collaboration. Findings reveal that while Uganda’s legal framework provides a robust foundation, its efficacy is hindered by political interference and resource constraints. The paper proposes actionable recommendations to strengthen accountability, foster institutional independence, and align Uganda’s anti-corruption efforts with international best practices, offering insights for policymakers and scholars of governance in developing democracies.
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    An analysis on the effect of the gender divide and gender inequality on women’s progression in employment in Uganda.
    (Makerere University, 2022-08) Nambozo, Claire Patricia
    The research paper is centered around gender inequality and the gender divide in formal employment in the public sphere. There is to be an analysis of the private- public divide in reference to the social division of labour and how it has impacted on the current employment structure of men and women. There has been progress in advocating for gender equality and non-discrimination so as to put women on an equal footing as men and to trample male domination. However, this has not attained maximum realization. The research paper thus seeks to examine this continued gender inequality and the gender divide, their causes and how they have affected the progression of women in employment.
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    An appraisal of the effects of the WTO Sanitary and Phytosanitary (SPS) Agreement on Regional Trade Agreements(RTAs): A case of the African Continental Free Trade Area (AfCTFA)
    (Makerere University, 2021-10-25) Ndobya, Gerald
    Regional Trading Agreements have since time immemorial played a critical role in granting adequate negotiation avenues to countries undertaking measures in the global multilateral trading system. These Agreements equally support intra-regional trade through the elimination of various tariff and non-tariff barriers (NTBs) such as the Sanitary and Phytosanitary (SPS) measures. Pursuant to this, the African Union conceived the idea of a regional trading bloc that would facilitate trade on the broader continent.
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    An appraisal of the jurisprudence of the industrial court of Uganda on unlawful termination
    (Makerere University, 2021-12-19) Nakayiza, Sarah
    This study is an examination of the efficacy of the Industrial Court in protecting the rights of employees during termination of the contract between employees and employers. The Industrial Court of Uganda started being operation in the 2014 after its establishment by the LADASA to arbitrate on labour disputes referred to it and to adjudicate upon questions of law and fact arising from references to it by any other law. The Industrial Court of Uganda was established to handle labour disputes and its mission is to effectively and efficiently deliver and adjudicate labour justice for all in line with international Labour Organisation standards and National development Plan. However, to date, since its establishment Ugandan many employees are yet to feel the impact of the Industrial court because of being one in the whole country with no branches elsewhere but only in Kampala. Due to the above situation the researcher was encouraged to investigate the efficacy of the Industrial Court in the protecting of rights of employees during unlawful termination by employers. Through desk research, the reviewed studies of various scholars, decided cases, writings in journals and internet sources that assisted in coming up with useful observations, conclusion and recommendation. The study revealed that the Industrial Court was effective in delivering and adjudicating labour justice for all but was inaccessible to many because of only being station in Kampala. It's on the premise of the above findings that the researcher made a recommendation that more branches in different parts of the country be set up to promote labour justice for all in different parts of the country.
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    An appraisal of the law on national content in Uganda's oil and gas industry: a case of upstream and midstream statutory law and national content regulations
    (Makerere University, 2022-10) Murere, Nicholas
    National content law in the oil and gas sector emphasizes the integration of Ugandans by highlighting forms of national participation. The law allows state participation through employment of Ugandans transfer of technology provision of goods and services by Ugandan companies National content provisions require investors to meet targets measured as a percentage of investment hours worked equipment supplied, and jobs created Targets and other objectives must be carefully quantified adapted to the local context and collaborative. The statutory laws and regulations that stipulate national content provisions are; The Petroleum (Exploration, Development, Production) Act 2013, the Petroleum (Refining, Conversion, Transmission and Midstream Storage) Act 2013 The Petroleum (Exploration, Development, Production) (National content) Regulations 2016 and The Petroleum (Refining Conversion Transmission and Midstream storage) (National Content) Regulations 2016. The principal legislation (as mentioned above) on the oil and gas sector is sufficient to promote local content while maintaining the stability of the legal regime. This dissertation reviews the law deemed sufficient to promote national content in the oil and gas sector. The upstream is the exploration development and production of oil and gas The upstream is the exploration development and production of oil and gas. The midstream is the refining conversion production and midstream storage To realise optimum participation of Ugandans in oil and gas the law makers made it crystal clear in the statutory and regulations by providing for national content and how it’s to be executed The law provides for open participation of qualified Ugandan entities National participation will ensure a large number of Ugandans participate in oil exploration a multi-billion project that is likely to boast the economy of the state his dissertation will focus on national content law for Upstream and Midstream. The paper also describes the legislation and institutions surrounding national content in Uganda. The law has provisions for local procurement of goods and services, local employment and local company ownership. This legislation is intended to increase transparency and accountability in extractive industries to achieve beneficial state participation.
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    Appraising access to justice for refugee women survivors of SGBV in Kiryandongo Refugee Settlement
    (Makerere University, 2025) Namutosi, Michelle
    This study explores access to justice for refugee women survivors of sexual and gender-based violence in Kiryandongo Refugee Settlement. Drawing on qualitative data from interviews with survivors, community leaders, the police, prisons, judicial officers, a representative from the Office of the Prime Minister, the study finds that there exist informal and formal justice systems, each with their own unique challenges. The study assessed that violence is majorly rooted in economic disempowerment, harmful gender stereotypes, alcoholism, and internal conflicts. Notable barriers included social-cultural attitudes that undermine women and tolerate violence, resource constraints that make it difficult for the key actors to effectively perform their roles in supporting victims, long distances to courts, poverty, language barrier and an overall justice system that is not sensitive towards refugee women. The study reveals that despite Uganda’s exhaustive legal framework, a gap still exists in the implementation of the laws, especially towards refugees. The study concludes with actionable recommendations for the various stakeholders, in accordance with the key access to justice elements so as to enhance protection of women from violence and guarantee an accommodative justice system for victims.
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    Arbitration as an alternative dispute resolution for commercial disputes in Uganda
    (Makerere University, 2024-06) Atukwase, Tracy Tridy
    This study aims to provide a comprehensive analysis of arbitration within Uganda's commercial sector. The research analyzes the legal framework of Arbitration in Uganda and the role of Arbitration in commercial disputes. It also investigates barriers to the integration of arbitration in commercial dispute resolution. it then explores the efficacy of arbitration for resolving commercial disputes in Uganda, assessing its feasibility, effectiveness, and potential impact on the local commercial landscape. Through a thorough analysis of these aspects, the study aims to contribute to a deeper understanding of arbitration's role in commercial dispute resolution in Uganda