Arbitration Law Case Study

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Question 10: You are appointed as arbitrator between a landlord resident in Kenya and the tenant is the British High Commission also resident in Kenya. Discuss how the following would apply where a dispute has emerged the tenant and the landlord:- i) Origin and development of arbitration law ii) Sources of arbitration law iii) The requirements for arbitration iv) The law governing arbitration v) Role of courts in arbitration vi) Consideration of Arbitration Act 1995 vii) International Arbitration (The Model Law) The origin and development of arbitration law in Kenya Arbitration in Kenya was first provided for by statute through the Arbitration Ordinance of 1914. The ordinance was based on the English Arbitration Act of 1889. The ordinance…show more content…
Their crusade did not bear fruit until December 1995 when the Arbitration Act No. 4 of 1995 came into effect. It almost mirrors the UNCITRAL Model Law on International Commercial Arbitration. The modifications in the Act reflect on the domestication of the country’s obligations. This is in accordance with the New York Convention. Sources of Arbitration Law The current law governing arbitration in Kenya has borrowed heavily from previous legislations by the United Kingdom. The Arbitration ordinance of 1914 was based on English Arbitration Act of 1889. The Arbitration Act Cap 49 of 1968 borrowed from the English Arbitration Act, 1950. The precedents set and general laws are as a result of works by various institutions. They include: i) The London Court of International Commercial…show more content…
As per section 34 (3) “For the purposes of this Act and of any other written law relating to the limitation of actions, an arbitration is taken to be commenced when one party to the arbitration serves on the other party a notice requiring him to appoint an arbitrator or to concur in the appointment of an arbitrator or, where the submission provides that the reference shall be to a person named or designated in the submission, requiring him to submit the dispute to the person so named or

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