Catch up with recent developments in the international arbitration space with the 2021 International Comparative Legal Guide: International Arbitration Laws and Regulations Kenya Chapter 2021. Authored by Managing Partner John M Ohaga and Senior, SC, CArb, FCIArb and Associate Isaac Kiche MCIArb, the team are known dispute resolution practitioners with a successful track record of handling multinational arbitration proceedings.
This annual publication address the common issues faced in international arbitration laws and regulations across borders and are compiled by the world’s leading subject experts. This edition covers arbitration agreements, laws governing the practice, jurisdiction considerations both domestic and international, the rules pertaining to the selection of the arbitration tribunal and more. Read the full publication through the International Comparative Legal Guides: International Arbitration 2021 at https://iclg.com/practice-areas/international-arbitration-laws-and-regulations/kenya
The International Comparative Legal Guides are originally published by the Global Legal Group.
Section 4 of the Arbitration Act, No. 4 of 1995 (‘the Act’) provides for forms of an arbitration agreement in Kenya. Arbitration agreements must be in writing. The agreement is deemed to be in writing: if it is contained in a document signed by the parties; if there is a telecommunication which provides a record of the agreement, be it letters, email or telegram; or where there is an exchange of pleadings and one party alleges the existence of an agreement and the other party does not deny the same. The reference in a contract to a document containing an arbitration clause constitutes an arbitration agreement if the contract is in writing and the reference is such as to make that arbitration clause part of the contract.