Making Kenya a hub for arbitration of international financial services disputes
Abstract
The evolution of international trade has seen more and more parties enter into international
financing transactions. In every contractual relationship, disputes are inevitable and it is
necessary to plan for disputes. Traditionally, disputes, commercial or otherwise have been
resolved by litigation but due to delays, costs, publicity and technicalities associated with
litigation, alternative dispute resolution (ADR) processes evolved. The specific objective of this
study is to evaluate the legal regime regulating international commercial arbitration in particular
in the Banking sector and ascertain to what extent Kenya‟s legal regime has advanced the cause.
The methodology adopted in researching into this topic is based on analysis of enactments,
conventions, rules, reports, books, articles and journals. Also primary sources like interview questionnaires and statutes have been used. The research seeks to critically analyse the
arbitration regime in Kenya and highlight the gaps leading to Kenya not being preferred as an
arbitration seat.
Publisher
University of Nairobi