What should a party do before commencing arbitration in Kenya? 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
A claimant or respondent facing a live commercial dispute.
The decision to make first
Read the clause and notice provision first; preserve the contract, correspondence and financial records; define the remedy and limitation risk before serving a notice. A premature or defective notice can create avoidable procedural arguments.
Kenyan legal and procedural context
The Arbitration Act 1995 and the parties’ agreed rules govern commencement. Court proceedings, limitation issues and urgent relief should be assessed against the actual contract and facts.
Prepare a usable record
Start with the arbitration clause, chronology, notices, key correspondence, invoices and proof of service. 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.