The Status And Enforceability Of Emergency Arbitration Relief In Kenya

Abstract

The inclusion of the emergency arbitration by various arbitral institutions in their arbitration rules and its application is gaining momentum in the arbitration world. However, there is no unanimity on the status of emergency arbitration relief and its enforceability. Each country adopts different approach to the status and enforceability of the emergency arbitration relief. In Kenya, the status of emergency arbitration relief is uncertain. There is little or no judicial jurisprudence over the subject. This paper discusses the nature, status and enforceability of emergency arbitration relief in Kenya. There is no legislative provision for emergency arbitration in Kenya. The status of the emergency arbitration relief is not certain and its enforcement is not provided for in the arbitration laws. It is difficult to enforce the emergency arbitration relief in Kenya through the New York Convention which deals with final and binding awards. The emergency arbitration relief does not attain the finality test under the New York Convention. Literature from other jurisdiction further indicates lack of unanimity of the status and enforcement mechanism of the emergency arbitration. Each country adopts its own mechanism to the status and enforcement of emergency arbitration relief with some like Singapore and Hong Kong opting for direct enforcement under the statutes.