While disputes and disagreements may be inevitable aspects of business commerce, litigation and trials do not have to be. To effectively resolve contentious disputes in a cost-efficient manner, a strong litigation team must possess and exercise equal strength and skill inside the courtroom and in alternative dispute resolution forums.

GEM Advocates are sought-after leaders in the area of alternative dispute resolution. We understand not only the nuances of arbitration and mediation itself, but also the distinct procedures and strategies that can be effective in these forums. At GO Advocates, we appreciate that a case in arbitration should not be presented the same way it would be presented in court. Likewise, we recognize that mediation is its own unique process, with distinct goals and strategies, even when a court requires the parties to engage in mediation as part of the litigation process.

In the right circumstances, we can help a client choose an alternative dispute resolution process that can streamline and lower the costs of litigation, move the dispute to a non-public forum, and efficiently craft commercially-reasonable settlements that accomplish a client’s business and litigation goals, while protecting long-standing business relationships and maintaining the confidentiality of sensitive, competitive information.

Banking and finance is a crucial component of Uganda’s economy. The professionals at GEM Advocates keep themselves abreast of the latest developments in this area of the law, and provide a wide spectrum of legal services in this industry.
These include:

• Advising on banking and financial markets law in general
• Advising on credit agreements
• Advising on the structuring and assisting with the drafting and/or review of financial arrangements, project finance and related transactions, including public private partnership arrangements (PPPs)
• Advising in relation to collective investment schemes, private equity and hedge funds
• Advising on investment management agreements, sales and distribution arrangements
• Financing into and out of Uganda
• Preference share finance
• Public sector finance
• Security structures (SPV’s)
• Simple and syndicated loans
• Structured finance

Prudent and accurate advice is pivotal to all parties involved in insolvency matters. GEM Advocates’ insolvency team specializes in this sphere of the law and is equipped to assist clients in navigating the insolvency process and to ensure effective management of the insolvency regime, whether at individual or corporate level.

Our services include:

• The voluntary winding up of companies
• Applications to liquidate companies and close corporations
• Cross-border insolvency
• Insolvency enquiries
• Insolvency related litigation matters
• Offers of compromise
• Proof of claims
• Interim Orders
• Corporate Rescue

GEM Advocates offers a wide range of specialist practice areas organized under the Commercial, Property and Litigation (CPL) department. Our team has litigated to the Supreme Court and back and assists with actions and applications, in respect of disputes involving:

• Administrative law
• Banking law (including commercial disputes, negotiable instruments, foreclosures and repossessions)
• Building and construction disputes
• Competition law
• Constitutional law
• Construction and Engineering law
• Contractual, corporate and commercial matters
• Enforcement and protection of contractual rights
• Family law and matrimonial disputes
• Insolvency, including liquidation of companies and close corporations, and sequestration of trusts and individual users
• Insurance law
• Labour law and employment
• Personal injury claims, including those arising out of motor vehicle accidents, medical negligence, assault, actions of animals, ultra vires actions of the state, and cases of vicarious liability
• Product liability, unfair business practices and consumer issues
• Professional negligence claims including those arising out of a failure to fulfil a mandate or to discharge a duty of care by legal professionals, doctors and hospitals
• Restraints of trade and unlawful competition
• Statutory and regulatory matters (advice on and resolution of disputes with regulators)
• Election Petitions

We have a team of professionals with substantial experience in the law affecting the construction industry. They can assist with the following:

• Drafting construction contracts
• Advising on the implementation on construction contracts, issuing of formal notices, processes to be followed, extensions of time and the like;
• Recovery of amounts due under interim and final payment certificates
• Advising in relation to builders’ liens
• Declaration of disputes and arbitration
• Litigation relating to construction disputes

GEM Advocates has a team of professionals with substantial knowledge and experience to assist clients in all corporate matters.

Our services include:

• Advising on all aspects relating to corporate legislation
• Advising on, and implementing, corporate transactions such as the issue or transfer of shares, rights issues, share buybacks and similar transactions.
• All other contractual arrangements relating to incorporated entities and its members
• Regulatory filings with the Registrar of Companies to amend corporate details of all incorporated entities and to amend and update URSB records, as well as de-registrations
• Assisting offshore companies in establishing a business presence in Uganda, including advice on the appropriate business structure, and the legal, tax and exchange control consequences thereof
• Corporate restructuring
• Drafting and reviewing of shareholders’ agreements and assisting in the negotiation thereof
• The duties and responsibilities of directors and company officers
• The selection of the most appropriate entity for a specific business.

GEM Advocates has a team of professionals with substantial knowledge and experience to assist clients in all corporate matters.

Our services include:

• Advising on all aspects relating to corporate legislation
• Advising on, and implementing, corporate transactions such as the issue or transfer of shares, rights issues, share buybacks and similar transactions.
• All other contractual arrangements relating to incorporated entities and its members
• Regulatory filings with the Registrar of Companies to amend corporate details of all incorporated entities and to amend and update URSB records, as well as de-registrations
• Assisting offshore companies in establishing a business presence in Uganda, including advice on the appropriate business structure, and the legal, tax and exchange control consequences thereof
• Corporate restructuring
• Drafting and reviewing of shareholders’ agreements and assisting in the negotiation thereof
• The duties and responsibilities of directors and company officers
• The selection of the most appropriate entity for a specific business.

Employment law or labour law is an essential component of any business and can sometimes create significant costs for employers who do not follow the correct procedure. Employment law legislation is rights based, but provides protection for both the employer and the employee. At GEM Advocates we can assist you with all your employment needs, including:

• Drafting and reviewing of employment contracts;
• Drafting internal policies;
• Assisting in dispute resolution;
• Assisting in disciplinary matters;
• Assisting in employment related litigation.

GEM Advocates has extensive experience in dealing with family and matrimonial matters. Additional services included:

• Assistance in reaching amicable settlements through negotiation and support
• Mediation in family law disputes
• Divorces
• Enforcement of orders relating to family law matters
• Children’s rights
• Adoption
• Guardianship
• Succession: Obtaining Probate and Letters of Administration
• Resealing of Probate

DIVORCE AND MATRIMONAL SETTLEMENTS

We are a specialist divorce, mediation, matrimonial and family law practice. We appreciate the importance of the work we do as of course, it can be life changing and we work hard in the interests of our clients. We recognise that the adversarial nature of divorce is stressful, taking its toll on both sides, and appreciate the importance and urgency of the work we do. We are on your side will help you to achieve an agreeable, dignified outcome as quickly as possible and work tirelessly to protect your interests throughout this difficult time.

CHILDREN

Your children mean so much to you. You cannot imagine being apart from them for any length of time. But, when you find yourself headed toward divorce, you know that your entire situation is going to change. You will not always be under the same roof as your children. You will have to make difficult choices about child custody and parenting time, and it is essential that you have an experienced legal team to help you throughout your case. The attorneys at GEM Advocates have worked with many people who have found themselves in similar situations. We have a long history of creating successful strategies that help clients find solutions in custody and visitation cases.

When judicial officers make decisions on custody matters, they issue a decision that they feel is in the child’s best interests. Our goal is to resolve your case before the courts become involved. We are committed to building a comprehensive strategy that puts a strong plan in place for you and your co-parent.

There are many issues that we will address during your custody dispute, including:

• Will each parent be allowed to participate in decision-making regarding the child’s health care, education, extracurricular activities and other important matters
• Where the child will spend his or her time, and the amount of time each parent will get with the child as part of the parenting time plan
• What will happen in the event that the parents have a disagreement over certain issues
• What is likely to happen if the case ends up going to court
• Will a parent be allowed to move to a different city or state with the child

We do not feel it is in your best interests to talk to us and have us say exactly what you want to hear. It is our job to fix your problem to the best of our ability, while limiting the costs and stress that you may experience throughout the process.

We do whatever is necessary to protect the best interests of your child throughout your custody case.

GUARDIANSHIP PROCEEDINGS

There are some situations where parents may be struggling in their ability to care for their child or children. The decisions they have made have placed everyone at risk, and there may be concern for the future well-being of the child. In these matters, outside individuals may ask the court to be appointed as a guardian of the child, in order to improve the child’s chances of making it through these challenges in a positive place.

These proceedings, called guardianships, can be extremely emotional family law cases. The lawyers at GEM Advocates have handled a number of guardianships for minor children. Having seen the impact of these proceedings from both sides, we understand the steps to take to help you achieve the end result that you are requesting.

PRACTICAL REPRESENTATION THROUGHOUT YOUR CASE

Whether you are looking to be appointed as a guardian to your stepchildren, looking to protect a child that is being abused or neglected, or wishing to contest a guardianship, our lawyers can explain the potential options that are available to you. During our initial consultation, we ask questions about the situation so that we can give you honest advice. We ask what you hope to accomplish, and provide you with a realistic assessment of your chances of success. We do not simply tell our clients what they want to hear. These are important issues, and it is necessary for us to be straightforward with you so you know exactly what to expect.

There are a host of different issues that accompany guardianship of minors cases in Uganda, and it is necessary for you to have a complete picture before you decide the appropriate action to take. Do not make any decisions in your case before talking with our attorneys.

HELPING YOU WITH ALL ISSUES CONNECTED TO PROTECTION ORDERS

Domestic violence is taken very seriously in Uganda and the proceedings are similar to criminal proceedings. Our experience in criminal cases has produced very good results for our clients. When a spouse, child or romantic partner seeks protection from someone who is physically or emotionally abusing them, the courts take very quick action toward establishing boundaries to help the abused individual remain safe. In many family law cases, there are often signs that may indicate abuse is present. One or both of the parties may make allegations of violence, which can change the entire proceedings. Whether you are alleging that some type of abuse has taken place or need help defending against these accusations, we can help.

The lawyers at GEM Advocates have provided comprehensive representation in cases where domestic violence is either present or alleged. Our attorneys understand the precise issues that need to be analyzed, and help you understand the exact impact that this will have upon your case.

Our goal when we meet with you is to be as honest as possible. We examine your case from all sides and tell you what we can do to help you stay safe or protect your rights. Once we have decided together on the best approach to take for you, we immediately get started on obtaining your protection order or building your defense.

We are leading immigration lawyers whose practice focuses on all aspects of immigration law. Our area of expertise extends to entry permits and for both personal matters and specialist business reasons.

GEM Advocates offers an extensive range of specialist services in the field of insurance law. A multi-disciplinary approach by our advocates allows us to provide clients with comprehensive legal advice pertaining to the insurance sector.

Our attorneys deal with the tax implications of structuring business organizations, mergers, acquisitions, divestitures, exchanges, reorganizations, workouts and syndications.

Our expertise includes the following:

• Construction and Engineering Insurance Law
• Resolution of insurance disputes
• Fire, motor accident and general liability insurance
• Medical malpractice and personal injury insurance
• Long-term insurance
• Reinsurance
• Bancassurance
• Policy drafting and underwriting advice
• Enforcement of insurance contracts, and dealing with repudiations and underwriters.

COPYRIGHT

Our advocates provide clients with a full range of legal services relating to the acquisition, enforcement and commercialisation of copyright and other intellectual property rights. GEM Advocates’ copyright law services include advising on and handling of transactions involving copyrights. These transactions include licensing and transfer of ownership or assignment agreements, as well as enforcement work including infringement notices and prosecution of formal proceedings in Court.

TRADE MARK

Our trade mark lawyers provide clients with a number of specialist services relating to the acquisition, enforcement and commercialisation of trademarks and other intellectual property rights.

These services include counsel and the handling of transactions in matter involving trademarks, licensing, and data security. The trade mark attorneys in our intellectual property group also litigate these issues in courts of law.

We have a dedicated and comprehensive mining team offering 360 degrees assistance to our clients with all their mining-related legal matters throughout Uganda and the Eat African region.

As an emerging law firm of choice enriched with the vast experience and expertise of our mining practitioners, we are quick to assemble tailor made teams of experts to instantly address each client’s mining matter, ranging from mineral rights acquisition, undertaking due diligence, surface use rights access, mine and occupational health and safety, project development, economic middling of mines, project financing, mergers and acquisitions, Environment and Social Impact Assessment (ESEA), mining tax, rents and royalty advisory, mineral rights monitoring and renewals, mineral policy and regulatory reviews and analysis, business rescue ad insolvency and other relevant areas.

The firm has built a solid reputation in mining industry transactions and currently represents several local and international mining companies. Our services cover all aspects of regulatory compliance, mining and miner rights, due diligence, mineral royalties, mining tax, access to mines and surface use related issues, negotiation of mining contracts, mining related disputes and litigation.

Extraction of natural resources is heavily scrutinized and regulated by national, local government and state environmental and safety agencies. Before extraction even starts, our detail-oriented approach helps our clients handle contractual agreements, from negotiating and drafting through execution and when necessary, litigation.

Our knowledge of industry operations and familiarity with complicated financial regulations means we are prepared to represent companies, borrowers and lenders in financial arrangements common within the energy industry, including property transfer, mining and drilling interest issues from simple lease assignments to complex, detailed stock purchase agreements between foreign companies acquiring surface rights. We understand every client has different goals, but all clients want the venture to be successful without complications.

Once the venture is in operation, our understanding of energy markets and day-to-day operations allows us to tailor an approach to best suit clients’ needs within the regulatory framework that guides business and legal decisions. We provide counsel on all aspects of regulated business transactions and resource development, including representation before state and local government agencies, boards and courts. We have represented several communities, industry trade associations and private company members in landmark cases affecting the mining industry.

Our lawyers handle all aspects of human resources law, including complex labor law issues. Additionally, our attorneys defend companies against civil actions, from mining-related damage suits to claims a company violated a contractual obligation, is liable for personal injuries or has had claims of violating environmental or employment laws.

Our experience and desire to help energy and extraction companies succeed ensures we provide efficient and cost-effective services to our natural resource clients.

The Real Estate and Conveyancing group of GEM Advocates advises clients on the full array of complex issues throughout the property industry.

Our legal services include:

• Advising on and drafting of commercial and residential leases.
• Conventional transfers of properties, as well as transfers as a result of or in terms of liquidations, auctions, court orders, foreclosures, divorces, donations, deceased estates and insolvent estates
• Financial structuring of property transactions
• Miscellaneous applications, consents and endorsements required in the conveyancing process
• Negotiating and drafting agreements relating to the sale of residential and commercial properties
• Project and commercial property development finance advice.
• Registration and cancellation of all types of securities, including mortgage-, surety and collateral.
• Registration of all types of servitudes
• Subdivision and consolidation of properties

GEM Advocates’ team is recognised nationally and internationally as a leading team of cross disciplinary lawyers, who have been setting standards and providing specialist legal advice in the sports and recreation arena for over 8 years.

The team advises a vast range of entities within sport including local federations, national governing bodies, clubs, teams, player/athlete unions, intermediaries, individual sports men and women, sponsors and commercial partners, event organisers and event hosts, broadcasters, merchandising licensees, marketing and sports agencies, media and technology companies.

Similarly, our clients represent a diverse range of sporting disciplines and accordingly our legal expertise spans football, swimming, cycling, golf, cricket, athletics, tennis and other racquet sports and basketball to name a few.

Over many years we have gained experience of the strategic and daily issues that our clients in the industry face. We are alive to the ever changing environment in which they are required to operate. As such, we are best placed to offer pro-active support and guidance to enable them to meet those challenges, whether they be regulatory, financial, constitutional, political, social or economic.

Our areas of legal expertise include:

• Regulatory and Governance
• Commercial Contracts
• Contract/Grant Agreements
• Employment Immigration and Pensions
• Disciplinary Matters
• Litigation and Dispute Resolution
• Sponsorship and Partnership Arrangements
• Event Organisation
• Merchandising, Licensing and Affinity
• Broadcasting, Digital Media, Social Media and Data
• Property, Premises, Environmental, Construction and Planning
• Intellectual Property and Image Rights
• Charity and Trust Law
• Health and Safety
• Procurement
• Insolvency
• Integrity in Sport
• Individual Representation
• Football Transfers and Contracts
• Immigration for sports men and women

We provide tax assistance to a diverse client base, which includes, privately-held companies, international businesses, tax-exempt organizations and professional firms. Many business transactions have significant tax implications, and our group counsels clients to help them achieve tax advantages and comply with local tax laws to minimize any necessary tax costs associated with such transactions.

Our attorneys deal with the tax implications of structuring business organizations, mergers, acquisitions, divestitures, exchanges, reorganizations, workouts and syndications.

We counsel clients on the most tax-efficient way to structure and consummate a transaction. We recognize in this competitive marketplace tax minimization is a professional necessity. Our attorneys partner with our clients to minimize their effective tax rates. In addition, we assist clients with compliance, including representation before the Tax Appeals Tribunal and courts of law. Our lawyers handle all aspects of corporate franchise, income, personal property, real property and sales and use tax matters.