Not every commercial disagreement belongs in court. Arbitration and mediation allow Kenyan businesses to resolve conflicts confidentially, on their own timetable, and, for cross-border contracts, with awards enforceable in more than 170 New York Convention states. The firm represents clients in proceedings at the Nairobi Centre for International Arbitration (NCIA), the Kigali International Arbitration Centre (KIAC) where the parties choose it, and in ad-hoc UNCITRAL arbitrations.
What our dispute resolution practice covers
- Representation in domestic and international arbitration (NCIA, KIAC (Kigali), ICC, UNCITRAL rules)
- Private commercial mediation, including mediator selection, preparation, negotiation strategy, and settlement drafting
- Drafting and review of arbitration and escalation clauses at the contract stage
- Setting aside and enforcement of arbitral awards in the High Court of Kenya
- Interim relief applications in support of arbitration
- Negotiated settlement of commercial disputes
Which law governs arbitration in Kenya?
Arbitration in Kenya is governed by the Arbitration Act 1995 (as amended), which is modelled on the UNCITRAL Model Law. Private mediation proceeds by agreement: the parties choose the mediator, scope, timetable, confidentiality terms, and process. The NCIA Act 2013 established the Nairobi Centre for International Arbitration as a Kenyan institutional forum; the Kigali International Arbitration Centre (KIAC) is the institution of Rwanda, seated in Kigali, and is used only where the parties agree to it.
Should our contract include an arbitration clause?
That depends on your business relationships and risk profile. Arbitration offers confidentiality, speed relative to trial litigation, and easy cross-border enforcement; the court system retains advantages for interim relief and precedent-sensitive disputes. We advise on forum choice and draft clauses that specify the seat, rules, number of arbitrators, and appointing authority, the details that determine how smoothly a dispute is later resolved.
Illustrative examples
The examples below describe typical situations and the kind of work usually involved. They are illustrations only: they are not client matters, not descriptions of results, and not a prediction of how any particular matter would be handled.
- Example one: drafting the dispute clause. Two companies negotiating a cross-border supply contract want a dispute clause that suits their relationship. The work usually involves advising on the seat, the rules, the number of arbitrators and the appointing authority, and drafting a clause that can be used if a dispute later arises.
- Example two: a dispute that has already started. A joint-venture partner receives a notice of default and the parties disagree on how the contract should be read. The work usually involves assessing whether arbitration or mediation fits the situation, preparing the procedural steps, and advising on interim options while the dispute is live.
Discuss your dispute with a Nairobi arbitration advocate
Book a confidential consultation, we will review your contract, explain the applicable dispute-resolution route, and outline the process, timelines, and costs before you commit.
We will call you back within one business day. If the matter is urgent, call the switchboard on +254 20 80 93 000.
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