Can a party protect assets or evidence before an arbitration award? 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
Parties concerned that assets, documents or the subject of a dispute may disappear.
The decision to make first
Identify the immediate risk, the precise order needed and the evidence supporting it. Consider whether the tribunal can act in time and whether a court application is necessary to preserve the position. Interim relief should be proportionate and narrowly framed.
Kenyan legal and procedural context
Section 7 of the Arbitration Act allows the High Court to grant interim measures of protection before or during arbitral proceedings; the Act also addresses tribunal powers. The correct route depends on the clause, tribunal status and urgency.
Prepare a usable record
Start with the contract, witness statement, risk evidence, asset information and proposed protective order. 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.