Facilitating International Arbitration in Kenya: a General Analysis of Arbitration in the Country and International Arbitration in Other Selected Countries
Abstract
Arbitration in general is not a new concept in Kenya. However, the country is not a famous
international arbitration venue unlike other countries such as France and England, which
are reputed seats for international arbitration. The Nairobi Centre for International
Arbitration Act (“the NCIA”) came into force on 25th January 2013 as a move to promote
Nairobi as a reputable destination for international arbitration.
Although this is a commendable move, there are a number of issues to be addressed before
the country achieves the desired status of a favorable international arbitration destination.
For instance, there may be challenges that arbitrators in international arbitrations have
faced while conducting arbitrations under the Arbitration Act Number 4 of 1995. Such
challenges can offer vital lessons of the issues that may arise in the practice of international
arbitration, which need to be addressed if the process is to succeed in the country.
Furthermore, countries which are more established seats of international arbitration are
good examples that the country can emulate in its quest to become a reputable seat of
international arbitration. Therefore, this research looks at the challenges that may have
affected international arbitration in Kenya from the perspective of the general arbitration
experience and determines whether the NCIA has addressed them. It also studies the
practice of international arbitration in some more established countries to determine the
lessons that Kenya can learn from those countries.
Finally, the research concludes by making proposals that can be adopted based on analysis
of the research findings, which if implemented may assist in the qu
Publisher
University of Nairobi
Rights
Attribution-NonCommercial-NoDerivs 3.0 United StatesUsage Rights
http://creativecommons.org/licenses/by-nc-nd/3.0/us/Collections
The following license files are associated with this item: