Corruption in International Commercial Arbitration As human society changes, corruption increases too and takes many formats. Corruption is endemic throughout society. It would be foolhardy to expect that arbitration is free of bribery. States are required to undertake deliberate and decisive efforts to counteract or battle corruption. This rule is not jus cogens, but is…
International Commercial Arbitration in Kenya Globalization has necessitated the growth and development of international arbitration worldwide. International traders’ preference for international arbitration has been due to the lack of trust for the national courts to settle disputes. Read more Globalization has necessitated the growth and development of international arbitration worldwide. International traders’ preference for international…
Privacy and Confidentiality in Arbitration Privacy and confidentiality are some of the attributes that distinguishes arbitration over other dispute resolution methods. Privacy means third parties are not included in the hearings and arbitration hearings, while confidentiality relates to an obligation not to disclose information to third parties. Read more Introduction Privacy and confidentiality are some…
Sports Arbitration Sports are viewed as an integral component of the social and cultural fabric of the majority of cultures worldwide. With the advent of professional sports and the consequent commercialization of the business, the traditional view of sports as purely leisure events has become untenable. Read more Introduction Sports are viewed as an integral…
Status of Court Annexed Mediation in Kenya Every citizen has a right to access to justice under Kenyan Law, and the Judiciary is the primary custodian of ensuring access to justice is guaranteed. The Judiciary Transformation Framework (JTF) was created to further this mandate with justice as its central pillar. To increase access to justice,…
The Doctrine of Separability in International Commercial Arbitration Contracts including arbitration provisions are a phenomenon that is based on fundamental principles of law. The effective operation of the international commercial arbitration system as a whole is ensured by the application and development of these principles. Read more Introduction Contracts including arbitration provisions are a phenomenon…
Court Interference of arbitration in Kenya Arbitration is a means by which conflicting parties seek a settlement through a third person but without courts involvement. However, this is fiction as courts have interfered numerous times or due to the parties’ approach from the initial stages of the process. Read more Introduction Arbitration is a means…
Opinion of Changes in The Companies Act The new Act has drawn heavily from the UK Companies Act of 2006 and because of its extensive nature, has brought about monumental changes to company Law in Kenya. While new Act doesn’t in a whole new code of corporate governance and doing business in Kenya, that revolutionalises…
Impact of COVID-19 on Alternative Dispute Resolution Mechanisms It has not been business as usual in access to justice. The judiciary leveraged technology to conduct court sessions. With the suspension of court sessions, alternative dispute resolution (ADR) became the preferred route by most parties to settle disputes. Read more COVID-19 pandemic has impacted all the…
Arbitrability of Disputes in Kenya Arbitrability is the determination of disputes that can be solved through the arbitration process and those subject to the national courts. The Arbitration Act 1995 (amended in 2009) does not have a broad scope of arbitrability as with the case of the Kenya Constitution 2010. Read more Introduction Arbitrability is…