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