THE SHERIAPLEX COLLECTION

Kenyan legislation.

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

Place of arbitration

(1) The parties are free to agree on the juridicial seat of arbitration and the location of any hearing or meeting. (2) Failing an…

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Arbitration Act CAP 49▤

Determination of rules of procedure

(1) Subject to the provisions of this Act, the parties are free to agree on the procedure to be followed by the arbitral tribunal…

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Arbitration Act CAP 49▤

General duty of parties

The parties to arbitration shall do all things necessary for the proper and expeditious conduct of the arbitral proceedings.

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Arbitration Act CAP 49▤

Equal treatment of parties

The parties shall be treated with equality and each party shall subject to section 20, be given a fair and reasonable opportunity…

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Arbitration Act CAP 49▤

Power of arbitral tribunal

(1) Unless the parties otherwise agree, an arbitral tribunal may, on the application of a party— (a) order any party to take such…

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Arbitration Act CAP 49▤

Immunity of arbitrator

(1) An arbitrator shall not be liable for anything done or omitted to be done in good faith in the discharge or purported discharg…

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Arbitration Act CAP 49▤

Withdrawal of arbitrator

(1) Unless otherwise agreed by the parties, an arbitrator who withdraws from his office may, if prior notice has been given to the…

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Arbitration Act CAP 49▤

Failure or impossibility to act

(1) The mandate of an arbitrator shall terminate if— (a) he is unable to perform the functions of his office or for any other reas…

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Arbitration Act CAP 49▤

Challenge procedure

(1) Subject to subsection (3), the parties are free to agree on a procedure for challenging an arbitrator. (2) Failing an agreemen…

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Arbitration Act CAP 49▤

Grounds for challenge

(1) When a person is approached in connection with his possible appointmentas an arbitrator, he shall disclose any circumstances l…

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Arbitration Act CAP 49▤

Appointment of arbitrators

(1) No person shall be precluded by reason of that person’s nationality from acting as an arbitrator, unless otherwise agreed by t…

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Arbitration Act CAP 49▤

Determination of number of arbitrators

(1) The parties are free to determine the number of arbitrators. (2) Failing such determination, the number of arbitrators shall b…

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Arbitration Act CAP 49▤

Extent of court intervention

Except as provided in this Act, no court shall intervene in matters governed by this Act.

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Arbitration Act CAP 49▤

Receipt of, written communications

(1) Unless otherwise agreed in writing between the parties any communication made pursuant to or for the purposes of an arbitratio…

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Arbitration Act CAP 49▤

Death of a party

(1) An arbitration agreement is not discharged by the death of any party thereto,either as respects the deceased or any other part…

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Arbitration Act CAP 49▤

Interim measures by court

(1) It is not incompatible with an arbitration agreement for a party to requestfrom the High Court, before or during arbitral proc…

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Arbitration Act CAP 49▤

Stay of legal proceedings

(1) A court before which proceedings are brought in a matter which is thesubject of an arbitration agreement shall, if a party so…

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Arbitration Act CAP 49▤

Waiver of right to object

A party who knows that any provision of this Act from which the parties may derogate or any requirement under the arbitration agre…

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Arbitration Act CAP 49▤

Form of arbitration agreement

(1) An arbitration agreement may be in the form of an arbitration clause in acontract or in the form of a separate agreement. (2)…

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Arbitration Act CAP 49▤

Interpretation

(1) In this Act, unless the context otherwise requires— “arbitration” means any arbitration whether or not administered by a perma…

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Arbitration Act CAP 49▤

Application

Except as otherwise provided in a particular case the provisions of this Act shall apply to domestic arbitration and international…

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Arbitration Act CAP 49▤

Short title

This Act may be cited as the Arbitration Act, 1995.

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