The process of arbitration is a faster, simpler and less expensive. The first arbitration law in kenya was the arbitration ordinance 1914, which was a reproduction of the english arbitration act of 1889. Arbitration act, 2000 zambia legal information institute. The act applies to all individuals and entities in the private and public sectors. The first arbitration act in kenya was enacted in 1968.
This act may be cited as the arbitration act, 1995 and shall come. Constitutional supremacy over arbitration in kenya university staff. All topics are covered against the provisions of the arbitration act, 1995, the civil procedure act, the unictral model law, relevant international. An act of parliament to provide for the ascertainment and recording of rights and interests in trust land, and for purposes connected therewith and purposes incidental thereto act no. The arbitration act was assented on 10th august, 1995 and came into force on 2nd january, 1996. This date is important because prior to this statute we had an arbitration act that was based on different legal principles for instance under the repealed or previous acts, the. The statute that deals with arbitration in kenya is the arbitration act 1995 act no. Arbitration act 1996 is up to date with all changes known to be in force on or before 15 april 2019. Applications under sections 6 and 7 of the act shall be made by summons in the suit. Usually, there must be express agreement of the parties to appeal. Arbitration and conciliation act uganda legal information. The key statute governing arbitration practice in kenya is the arbitration act, act no.
Promoting international commercial arbitration in africa. Interpretation in this act, unless the context otherwise requires the court means the high court. Various sources trace arbitration law in kenya to the arbitration act of 1968, cap 49. We administer the arbitration process by providing clear procedural guidelines on arbitration with timelines, and a case counsel to assist the tribunal in the collation of documents and assist parties in. Act means the nairobi centre for international arbitration act, 20. However, the first kenyan legislation on arbitration is the east africa protectorate arbitration ordinance of 19, which came into force on 1 january 1914. Under the arbitration act the instances in which a court may intervene in arbitration proceedings include. Mar 22, 2017 b the international commercial arbitration act applies to the arbitration.
The role of kenyan courts in arbitration, enabling or. The arbitration amendment act, 2009 kenya law reports. These rules may be cited as the arbitration rules, 1997. Pdf overview of arbitration in kenya james p tugee. An act to provide a unified legal frame work for the fair and efficient settlement of commercial disputes by arbitration and conciliation. Arbitration proceedings in kenya generally take between six months and three years. The arbitration act provides for default procedure where the parties method of selecting an arbitrator fails. The kenyan bribery act, 2016 the bribery act bribery. An act to amend the law relating to domestic arbitration, international commercial arbitration and enforcement of foreign. It repealed chapter 49 laws of kenya, which had governed arbitration matters since 1968. May 08, 2019 powers of arbitral tribunal in deciding disputes. James tugee arbitration in kenya arbitration in kenya under the arbitration act cap 49 act no. Historical evolution of law relating to arbitration. An act to provide for the settlement of disputes by arbitration.
The constitution of kenya 2010 the arbitration act as amended in 2009and the arbitration rules the civil procedure act and the civil procedure rules the investment disputes convention act the employment act, the nairobi centre for international arbitration act the evidence act new york convention. The constitution of kenya 2010 the arbitration act as amended in 2009and the arbitration rules the civil procedure act and the civil procedure rules the investment disputes convention act the employment act, the nairobi centre for international arbitration. Limits on prohibition on disclosure of confidential information in section 14b. Laws of the federation of nigeria 1990 14 th march, 1998. Where a provision of this act refers to the fact that the parties have agreed or that they may agree or in any. An act of parliament to amend and consolidate the laws relating to insurance and to regulate the business of insurance and for connected purposes. In kenya, the statute that deals with arbitration in kenya is the arbitration act 1995 the 1995 act. The bribery act comes in the wake of changes and new appointments to the ethics and anticorruption commission eacc in. This act may be cited as the arbitration amendment act, 2009 and shall come into operation on such date as the minister may, by notice in the gazette, appoint. Arbitrationactcap49 laws of kenya the arbitration act.
Arbitration is potentially much faster than litigation. Revised legislation carried on this site may not be fully up to date. Nairobi centre for international arbitration cooperative bank house, 8th floor. This act may be cited as the limitation of actions act. The act is divided into eight parts covering different aspects of the arbitral. Interp retati on act 18 of 1986 2 1 in this act, unless the context otherwise requires.
Short title this act may be cited as the arbitration act. Arbitration is a formal, private and binding process where disputes are resolved by a final award made by one or more independent arbitrators. Arbitration, unlike litigation, normally allows for limited grounds of appeal. Arbitration act 1996 is up to date with all changes known to be in force on or before february 2020. Amended by prevention and combating of corrupt activities act 12 of 2004. Centre means the nairobi centre for international arbitration established under section 2 of the act. Arbitration in kenya is recognized under and governed by the arbitration act, 1995, the civil procedure act cap. Arbitration is governed by the constitution of kenya 2010, the arbitration act 1995 and the nairobi centre for international arbitration act 20. International arbitration laws and regulations kenya gli. Please download the pdf version from the link immediately above this text. Arbitration in most countries is governed by an act of parliament. This version of this act contains provisions that are prospective. According to khan5, arbitration is a private consensual process. Provided that, where arbitral proceedings were commenced in terms of the arbitration act chapter 7.
Published by the national council for law reporting with the authority of. For instance, the arbitration law in south africa is not drafted along the unicitral10 model law lines and varies substantively with laws in other jurisdictions11. Transition, existing agreements 2 this act applies to an arbitration conducted under an arbitration agreement made before the day this act comes into force, if the arbitration is commenced after that day. Enacted by the parliament of kenya, as follows short title and commencement. The arbitration act an act to provide for arbitration of disputes. Amended by justice laws rationalisation act 18 of 1996. Arbitration act 1996 no 99 as at 08 may 2019, public act. Project muse arbitration law and practice in kenya. An international arbitration award shall be recognized as binding and enforced in accordance to the provisions of the new york convention or any other convention to which kenya is signatory and relating to arbitral awards. The major reform to the arbitration act, 1995 was the introduction of section 10 which cushions. This act may be cited as the arbitration amendment act, 2009 and shall come into operation. The basis is laid out in section 63 of the civil procedure act, chapter 21 of the laws of kenya the act and order 39 rule 1 of the civil procedure rules, 2010 the rules.
Section 3 of the arbitration act 1995, in this act. Interpretation 1 in this act, except where the context otherwise requires arbitration means an arbitration on a submission or under a written law. The arbitration act applies to both domestic and international arbitration, governing proceedings and enforcement of the awards. Kenya has in place an arbitration act to define the scope, responsibilities and limitations of. Arbitration agreements deemed to prohibit disclosure of confidential information. The 2010 amendments sought to incorporate recent developments in arbitration practice. Where a provision of this act, other than sections 25 and 322a, refers to a claim, it also applies to a. The authority of an arbitrator or umpire appointed by or by virtue of an arbitration agreement is irrevocable except by leave of the high court, unless a contrary. The bribery act comes in the wake of changes and new appointments to the ethics and anticorruption commission eacc in a bid to battle corruption in all sectors of the countrys economy. Short title this act may be cited as the arbitration.
Downloads nairobi centre for international arbitration. This 1968 act is the now repealed arbitration act cap. The arbitration amendment act, 2009 1 the arbitration amendment act, 2009 an act of parliament to amend the arbitration act, 1995 enacted by the parliament of kenya, as follows short title and commencement. Another example of a country with archaic arbitration laws is tanzania, whose principal arbitration act was enacted on 22 may 1932. This statute commenced on the 2 nd of january 1996 by virtue of legal notice no. There are changes that may be brought into force at a future date. The kenyan arbitration act of 1995 recognizes the application of the new york convention under section 362 which states that. Review of the principle of finality in arbitral proceedings. Click here to view the kenya bribery act 47 of 2016. The nairobi centre for international arbitration ncia was established in 20 vide an act of parliament the nairobi centre for international arbitration act no. The 1995 act was amended in 2009 vide the arbitration amendment act, 2009.
Changes and effects are recorded by our editorial team in lists which can be. Interpretation in this act, unless the context otherwise requires arbitration means any proceedings held pursuant to a submission. Enforceability of arbitral awards in kenya mboya wangong. Arbitration the arbitration act, 1995 defines arbitration to mean. K is governed by the arbitration act 1996 the 1996 act. More in court decisions slovak republic chapter 8 arbitration law and practice in central and eastern europe second edition. An act of parliament to repeal and reenact with amendments the arbitration act and to provide for connected purposes l. Pdf the process of arbitration in kenya daniel ngayo. Arbitration law and practice in kenya is a practical reference text for one of the fastest growing areas of legal practice in kenya today. Iclg international arbitration laws and regulations kenya covers common issues in international arbitration laws and regulations including arbitration agreements, governing legislation, choice of law rules, selection of arbitral tribunal, preliminary relief and interim measures in 52 jurisdictions. The arbitration act governs both domestic and international arbitration. Short title this act may be cited as the land adjudication act. The kenyan bribery act, 2016 the bribery act bribery act.
Section 5 of the ncia act 20 mandates the centre to provide training and accreditation programs for mediators and arbitrators and to educate the public on arbitration as well as other alternative dispute resolution mechanisms. Constitutional supremacy over arbitration in kenya kariuki muigua1 abstract the constitution of kenya, 2010 is the supreme law of the land, a principle entrenched under article 2 thereof. Arbitration in kenya is governed by the arbitration act hereinafter the arbitration act,1 the civil procedure act2 and the rules thereto. The text covers the arbitration process from the arbitration agreement to commencement of proceedings and to the delivery of the award in the kenyan context.
The bribery act, 2016 the bribery act came into force on january 2017 with the object of providing a framework for the prevention, investigation and punishment of bribery and related offences in kenya click here to view the kenya bribery act 47 of 2016 introduction. A court can intervene in arbitration proceedings but the level and instances of intervention are limited. Alternative dispute resolution in kenya alb article. The paper discusses the steps involved in an arbitral tribunal once parties to a dispute resolve to submit such dispute to an arbitrator and or arbitral tribunal for its determination.