How should parties choose an arbitrator for a Kenyan commercial dispute? This guide explains the practical questions to resolve early. It gives general information about Kenyan commercial arbitration and is not a substitute for advice on a particular contract, dispute or deadline.
Who this guide is for
Businesses and advisers appointing a sole arbitrator or tribunal.
The decision to make first
Start with the clause: it may prescribe an institution, qualifications or an appointment timetable. Select for independence, availability, subject knowledge and procedural discipline. Disclose circumstances that could reasonably create doubts about impartiality.
Kenyan legal and procedural context
The Arbitration Act 1995 contains appointment and challenge mechanisms. Institutional rules may supply a default appointment route when the parties cannot agree.
Prepare a usable record
Start with the arbitration clause, candidate CVs, conflict disclosures, dispute summary and agreed timetable. Keep originals, record when documents were received, and avoid altering or selectively collecting records after a dispute begins. A short chronology identifying the issue, the relevant clause, key events and requested remedy helps advisers and decision makers assess the next step.
Questions to ask before committing to a route
- What does the dispute clause require before arbitration begins?
- Is there an urgent risk to property, evidence, a project or the business relationship?
- What outcome is realistically available under the contract and applicable law?
- Would negotiation or mediation resolve part of the dispute without losing necessary rights?
Related reading
See the Arbitration and ADR practice page and the complete Arbitration in Kenya guide library for the next practical question.