Arbitration and conciliation act uganda legal information. Project muse arbitration law and practice in kenya. The key statute governing arbitration practice in kenya is the arbitration act, act no. 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.
Laws of the federation of nigeria 1990 14 th march, 1998. Pdf the process of arbitration in kenya daniel ngayo. Interpretation in this act, unless the context otherwise requires the court means the high court. This act may be cited as the arbitration amendment act, 2009 and shall come into operation. 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. The major reform to the arbitration act, 1995 was the introduction of section 10 which cushions. Arbitration is governed by the constitution of kenya 2010, the arbitration act 1995 and the nairobi centre for international arbitration act 20. This statute commenced on the 2 nd of january 1996 by virtue of legal notice no. The kenyan bribery act, 2016 the bribery act bribery. Enforceability of arbitral awards in kenya mboya wangong. Arbitration, unlike litigation, normally allows for limited grounds of appeal. Short title this act may be cited as the arbitration.
May 08, 2019 powers of arbitral tribunal in deciding disputes. Arbitration law and practice in kenya is a practical reference text for one of the fastest growing areas of legal practice in kenya today. The arbitration amendment act, 2009 kenya law reports. This 1968 act is the now repealed arbitration act cap. 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. 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 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 kenyan arbitration act of 1995 recognizes the application of the new york convention under section 362 which states that.
Arbitration is a formal, private and binding process where disputes are resolved by a final award made by one or more independent arbitrators. 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. Pdf overview of arbitration in kenya james p tugee. The 1995 act was amended in 2009 vide the arbitration amendment act, 2009. The first arbitration law in kenya was the arbitration ordinance 1914, which was a reproduction of the english arbitration act of 1889. 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. Click here to view the kenya bribery act 47 of 2016. The arbitration act an act to provide for arbitration of disputes. The bribery act comes in the wake of changes and new appointments to the ethics and anticorruption commission eacc in.
This version of this act contains provisions that are prospective. 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. Historical evolution of law relating to arbitration. An act to provide for the settlement of disputes by arbitration.
Enacted by the parliament of kenya, as follows short title and commencement. 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. 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. Short title this act may be cited as the land adjudication act. The act applies to all individuals and entities in the private and public sectors. Review of the principle of finality in arbitral proceedings. Applications under sections 6 and 7 of the act shall be made by summons in the suit. Arbitration is potentially much faster than litigation. International arbitration laws and regulations kenya gli. 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.
Interpretation 1 in this act, except where the context otherwise requires arbitration means an arbitration on a submission or under a written law. K is governed by the arbitration act 1996 the 1996 act. Revised legislation carried on this site may not be fully up to date. It repealed chapter 49 laws of kenya, which had governed arbitration matters since 1968. Constitutional supremacy over arbitration in kenya university staff. Centre means the nairobi centre for international arbitration established under section 2 of the act.
Another example of a country with archaic arbitration laws is tanzania, whose principal arbitration act was enacted on 22 may 1932. Arbitration agreements deemed to prohibit disclosure of confidential information. Arbitration act 1996 is up to date with all changes known to be in force on or before february 2020. Arbitrationactcap49 laws of kenya the arbitration act. 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. 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. Downloads nairobi centre for international arbitration. Arbitration in kenya is recognized under and governed by the arbitration act, 1995, the civil procedure act cap. Alternative dispute resolution in kenya alb article. 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. 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. However, the first kenyan legislation on arbitration is the east africa protectorate arbitration ordinance of 19, which came into force on 1 january 1914. Changes and effects are recorded by our editorial team in lists which can be. An act of parliament to amend and consolidate the laws relating to insurance and to regulate the business of insurance and for connected purposes.
Interpretation in this act, unless the context otherwise requires arbitration means any proceedings held pursuant to a submission. Short title this act may be cited as the arbitration act. According to khan5, arbitration is a private consensual process. 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 arbitration act governs both domestic and international arbitration. Where a provision of this act refers to the fact that the parties have agreed or that they may agree or in any. Arbitration in most countries is governed by an act of parliament. A court can intervene in arbitration proceedings but the level and instances of intervention are limited. James tugee arbitration in kenya arbitration in kenya under the arbitration act cap 49 act no. Mar 22, 2017 b the international commercial arbitration act applies to the arbitration. The act is divided into eight parts covering different aspects of the arbitral. The arbitration act was assented on 10th august, 1995 and came into force on 2nd january, 1996. Published by the national council for law reporting with the authority of.
Provided that, where arbitral proceedings were commenced in terms of the arbitration act chapter 7. The role of kenyan courts in arbitration, enabling or. Kenya has in place an arbitration act to define the scope, responsibilities and limitations of. There are changes that may be brought into force at a future date. This act may be cited as the limitation of actions act.
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. Act means the nairobi centre for international arbitration act, 20. Usually, there must be express agreement of the parties to appeal. Amended by justice laws rationalisation act 18 of 1996. Arbitration the arbitration act, 1995 defines arbitration to mean. An act of parliament to repeal and reenact with amendments the arbitration act and to provide for connected purposes l. This act may be cited as the arbitration act, 1995 and shall come. Under the arbitration act the instances in which a court may intervene in arbitration proceedings include. An act to provide a unified legal frame work for the fair and efficient settlement of commercial disputes by arbitration and conciliation. Arbitration in kenya is governed by the arbitration act hereinafter the arbitration act,1 the civil procedure act2 and the rules thereto. The arbitration act applies to both domestic and international arbitration, governing proceedings and enforcement of the awards. 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.
More in court decisions slovak republic chapter 8 arbitration law and practice in central and eastern europe second edition. The process of arbitration is a faster, simpler and less expensive. The kenyan bribery act, 2016 the bribery act bribery act. The 2010 amendments sought to incorporate recent developments in arbitration practice. Please download the pdf version from the link immediately above this text. Amended by prevention and combating of corrupt activities act 12 of 2004. The arbitration act provides for default procedure where the parties method of selecting an arbitrator fails. Various sources trace arbitration law in kenya to the arbitration act of 1968, cap 49. The first arbitration act in kenya was enacted in 1968. Where a provision of this act, other than sections 25 and 322a, refers to a claim, it also applies to a. Nairobi centre for international arbitration cooperative bank house, 8th floor. Section 3 of the arbitration act 1995, in this act.
Arbitration proceedings in kenya generally take between six months and three years. The statute that deals with arbitration in kenya is the arbitration act 1995 act no. Interp retati on act 18 of 1986 2 1 in this act, unless the context otherwise requires. An act to amend the law relating to domestic arbitration, international commercial arbitration and enforcement of foreign. Arbitration act 1996 is up to date with all changes known to be in force on or before 15 april 2019. Promoting international commercial arbitration in africa. All topics are covered against the provisions of the arbitration act, 1995, the civil procedure act, the unictral model law, relevant international. In kenya, the statute that deals with arbitration in kenya is the arbitration act 1995 the 1995 act. Arbitration act, 2000 zambia legal information institute. Arbitration act 1996 no 99 as at 08 may 2019, public act.
10 31 710 1514 1137 691 266 714 1385 169 1461 185 740 109 1056 944 1252 1185 1054 655 1471 138 760 603 562 619 888 433 566 1312 1022 609 117 764 1190 1222 338 166 847 1405 292