Avoiding Litigation: Contract Clauses That Prevent Disputes

Kenya High Court building in Nairobi

The cheapest case is the one that is never filed. Much of Kenyan commercial litigation begins with a contract that was silent on the exact question the parties ended up arguing about, and by then the drafting options have narrowed. Which clauses actually prevent disputes? Clear scope, deliverables and payment terms, with dates and currencies … Read more

ADR vs Court in Kenya: Choosing the Right Path for Your Dispute

Nairobi skyline seen across the national park

Not every dispute belongs in a courtroom. Arbitration, mediation, and structured negotiation resolve a large share of commercial disagreements in Kenya, often faster, privately, and on terms the parties help design. The skill is knowing which path a particular dispute should take. What is alternative dispute resolution? Negotiation, direct, structured discussion between the parties, often … Read more

Shareholder and Joint-Venture Arbitration in Kenya: Keeping the Business Running

Can shareholder or joint-venture disputes be resolved through 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 Founders, investors and company directors facing a governance … Read more

Construction Arbitration in Kenya: Managing Claims Before They Escalate

How should a construction dispute be prepared for 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 Employers, contractors, consultants and developers facing delay, payment … Read more

Arbitration Costs in Kenya: Budgeting for a Commercial Dispute

How should a business budget for 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 Decision makers comparing arbitration, mediation and court proceedings. The decision … Read more

Setting Aside or Enforcing an Arbitral Award in Kenya: Key Questions

What happens after a Kenyan arbitral award is issued? 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 successful party seeking enforcement or a party considering a … Read more

Evidence and Documents in Kenyan Arbitration: Preparing a Persuasive Record

What evidence should a party prepare for commercial 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 Parties preparing a claim, defence or hearing bundle. … Read more

Choosing an Arbitrator in Kenya: Independence, Expertise and Appointment

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 … Read more

Interim Measures in Kenyan Arbitration: Protecting the Position Before an Award

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 … Read more

Starting Commercial Arbitration in Kenya: A Practical First Checklist

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. … Read more

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