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Arbitration in Kenya

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Arbitration in Kenya is probably is the best known form of private dispute resolution. It is a formal and binding process where the dispute is resolved by the decision of a nominated third party, the arbitrator or arbitrators. The most unique characteristic about arbitration is that it is built on the basis of an acceptance and agreement of all the parties in case of any disagreement among them.

Also, arbitration is an informal process which proceeds in a manner conforming to justice, equity and good conscience, unlike courts of law which are put into a straight jacket of fixed procedure and rules of evidence.

Arbitration in Kenya is governed by the Arbitration Act No. 4 of 1995 and the rules made therein, as well as Order 46 of the new Civil Procedure Rules, 2010. The Chartered Institute of Arbitrators Kenya Branch, established in 1984, promotes and facilitates determination of disputes by Arbitration and other forms of Alternative Dispute Resolution (ADR).

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The Kenya Branch maintains a strict Continuous Professional Development (CPD) programme. It conducts lunch talks, surgeries, workshops and seminars on relevant topics in the field of dispute resolution. To further support the process of Arbitration and ADR, the branch has published the Arbitration and Adjudication Rules. A file on recently decided cases is maintained at the secretariat as part of the reference library under development.