Arbitration Agreement Kenya

With a strong legal framework, Kenya has experienced significant growth over the years in the practice and development of international arbitration. Multi-party arbitration has not been explicitly dealt with under the Arbitration Act. Therefore, the parties are free to reach an agreement in such cases. However, the Nairobi Centre for International Arbitration Rules 2015 requires the Centre to take control if there are several complainants and/or respondents who cannot agree on either arbitrator. The right of a party to choose arbitrators is not limited by Kenyan law. Section 11 of the Arbitration Act provides that the parties are free to determine the number of arbitrators in their dispute and, if not, the number of arbitrators is one. Section 36 of the Arbitration Act deals with the content of recognition and enforcement of awards. A national arbitration award is recognized as binding and executed in the High Court in the event of a written application. With regard to an international arbitration award, it is made mandatory and carried out in accordance with the provisions of the New York Convention (or another agreement signed by Kenya concerning arbitration awards). In order to request the execution of a sentence, the party who requests it must notify the High Court: the law does not explicitly provide for cases that cannot be referred to arbitration proceedings. However, it is generally accepted that public policy issues, such as criminal and constitutional cases, are not arbiters.

Section 2 (1) of the Evidence Act, Chapter 80 of Kenyan law excludes its application to arbitration. Under Section 20 (3) of the Arbitration Act, the Court of Arbitration has the power to determine the admissibility, relevance, importance and weight of the evidence and to determine when an argument or proposal in a case was presented fairly and appropriately or in the absence of consent from the parties. Strict rules of evidence do not apply unless the parties have agreed. Arbitration agreements are generally applied in Kenya, except in cases where the arbitration agreement is null and void, invalid or the dispute is not agreed in the cases to be referred to arbitration proceedings (see also 3.1 enforceable). Similarly, in the case of the Kenyatta International Convention Centre (KICC) against Greenstar Systems Ltd [2018] eKLR, the Tribunal reiterated the principle that an arbitrator`s factual finding under Section 35 cannot be called into question: “Arbitrators are the masters of the facts.