Legal insights
Arbitration & ADR
Commercial arbitration and alternative dispute resolution in Kenya: drafting an arbitration clause, starting an arbitration, choosing an arbitrator and institution, interim measures, evidence, awards, setting aside or enforcing an award, and the differences between arbitration, mediation and litigation. The guides also cover construction arbitration, party-and-party costs and the questions a business should answer before choosing a forum, with references to the Arbitration Act 1995 and the institutions that administer cases.
Preparing for a Commercial Mediation
Prepare for Kenyan commercial mediation with the right documents, settlement authority, risk assessment and written terms.
Read the noteEnforcing or Setting Aside an Arbitral Award
An arbitral award is meant to end the dispute. In most cases it does: the tribunal's decision is final and binding, and the successful…
Read the noteStarting Commercial Arbitration in Kenya
A commercial dispute is heading for arbitration, and the first question is where to begin. Arbitration is only as strong as the clause and…
Read the noteConstruction Arbitration in Kenya
Construction disputes rarely arrive suddenly. They build from instructed changes, late information, delayed payments and programme pressure that were each manageable when they happened.…
Read the noteDrafting an Arbitration Clause in Kenya
A well-drafted arbitration clause is short, clear and workable. A badly drafted one creates a second dispute about where the first dispute should be…
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