Read on the recent developments in international arbitration and how the Kenyan system is catching up with the Kenyan chapter of the International Comparative Legal Guides: International Arbitration 2022. Authored by Managing Partner John Ohaga and Senior Associate Isaac Kiche, the dispute resolution team experts use their extensive experience in local and cross-border arbitration proceedings to advise clients and businesses on the process. This guide is helpful to companies and clients interested in international commercial agreements.
The 2022 edition captures the legislation that governs arbitration agreements including enforcement of arbitration proceedings and the relationship of local laws to the United Nations Commission on International Trade Law. The guide addresses the areas that dictate the jurisdiction of arbitration proceedings such as matters that are exempt from arbitration, limitations on the commencement of arbitration proceedings and instances where there would be enitites not party to the arbitration agreement. With the recent trend on private-public partnership agreements and investment treaties, it is worth mentioning that the guide has a section on investor-state arbitrations that gives an extensive list of bilateral agreements that a Kenyan arbitration proceeding can be party to.
The guide also addresses other topics on international arbitration including:
- choice of law rules,
- selection of an arbitral tribunal,
- procedural rules making awards- applying to interim measures and final awards
- enforcement of awards
- Remedies and costs
The guide is compiled with the able assistance of the Global Legal Group and is first published by International in ICLG – International Arbitration 2022, available at https://iclg.com/practice-areas/international-arbitration-laws-and-regulations/kenya. Preview a copy of the guide below.