THE SHERIAPLEX COLLECTION

Kenyan legislation.

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48 results · Arbitration Act CAP 49
Arbitration Act CAP 49▤

Repeal of Cap. 49 and saving

(1) The Arbitration Act (Cap. 49) is repealed. (2) The repeal of the Arbitration Act (Cap. 49) shall not affect any arbitral proce…

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Arbitration Act CAP 49▤

Rules

The Chief Justice may make rules of Court for— (a) the recognition and enforcement of arbitral awards and all proceedings conseque…

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Arbitration Act CAP 49▤

Bankruptcy

(1) Where it is provided by a term in a contract to which a bankrupt is a party that any differences arising out of or in connecti…

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Arbitration Act CAP 49▤

Recognition and enforcement of awards

(1) A domestic arbitral award, shall be recognized as binding and, upon application in writing to the High Court, shall be enforce…

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Arbitration Act CAP 49▤

Termination of arbitral proceedings

(1) The arbitral proceedings shall be terminated by the final arbitral award orby an order of the arbitral tribunal under subsecti…

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Arbitration Act CAP 49▤

Interest

Unless otherwise agreed by the parties, to the extent that the rules of law applicable to the substance of the dispute permit, an…

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Arbitration Act CAP 49▤

Costs and expenses

(1) Unless otherwise agreed by the parties, the costs and expenses of an arbitration, being the legal and other expenses of the pa…

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Arbitration Act CAP 49▤

Effect of award

Except as otherwise agreed by the parties, an arbitral award is final and binding upon the parties to it, and no recourse is avail…

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Arbitration Act CAP 49▤

Form and contents of arbitral award

(1) An arbitral award shall be made in writing and shall be signed by the arbitrator or the arbitrators. (2) For the purposes of s…

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Arbitration Act CAP 49▤

Settlement

(1) If, during arbitral proceedings, the parties settle the dispute, the arbitral tribunal shall terminate the proceedings and, if…

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Arbitration Act CAP 49▤

Decision making by panel of arbitrators

(1) Unless otherwise agreed by the parties, in arbitral proceedings with more than one arbitrator, any decision of the arbitral tr…

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Arbitration Act CAP 49▤

Rules applicable to substance of dispute

(1) The arbitral tribunal shall decide the dispute in accordance with the rules oflaw chosen by the parties as applicable to the s…

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Arbitration Act CAP 49▤

Court assistance in taking evidence

The arbitral tribunal, or a party with the approval of the arbitral tribunal, may request from the High Court assistance in taking…

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Arbitration Act CAP 49▤

Experts

(1) Unless otherwise agreed by the parties, the arbitral tribunal may— (a) appoint one or more experts to report to it on specific…

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Arbitration Act CAP 49▤

Default of a party

Unless otherwise agreed by the parties, if, without showing sufficient cause— (a) the claimant fails to communicate his statement…

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Arbitration Act CAP 49▤

Hearing and written representations

(1) Subject to any agreement to the contrary by the hearing parties, the arbitral tribunal shall decide whether to hold oral heari…

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Arbitration Act CAP 49▤

Statement of claim and defence

(1) Within the period of time agreed upon by the parties or determined by thearbitral tribunal, the claimant shall state the facts…

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Arbitration Act CAP 49▤

Language

(1) The parties are free to agree upon the language or languages to be used in the arbitral proceedings. (2) Failing an agreement…

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Arbitration Act CAP 49▤

Commencement of arbitral proceedings

Unless the parties otherwise agree, the arbitral proceedings in respect of a particular dispute shall commence on the date on whic…

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