How should a Kenyan commercial arbitration clause be drafted? 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 founders agreeing a dispute route before a disagreement.
The decision to make first
Choose the seat, rules, number and appointment method for arbitrators, language, and scope of disputes. Avoid a clause that names an unavailable institution or leaves appointment deadlocked.
Kenyan legal and procedural context
The Arbitration Act 1995 gives effect to written arbitration agreements. The clause should work with the contract’s governing-law, notice and court-jurisdiction provisions.
Prepare a usable record
Start with the signed contract, prior versions, negotiated term sheet and any institutional rules selected. 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.