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…Act 1995. 4) The Honourable Magistrate misapprehended and misguided himself on interpretation of Section 6(1) of the Arbitration Act No. 4 of 1995 in not finding that the Appellants had not brought the application for stay…

…The Respondent cannot find refuge in the provisions of Section 14(2) of the Arbitration Act, which require one’s signature on an arbitration agreement.…

…The Appellant therefore maintained that the affidavit did not constitute an acknowledgement of the claim within the meaning of Section 6(1) of the Arbitration Act. 20.…

…(ii) Whether the learned trial magistrate erred in declining to stay the proceedings and refer the dispute to arbitration pursuant to Section 6(1) of the Arbitration Act.…

…Subcontractor Agreement on Installation Works between the parties provides: ..in the event of a dispute between the parties shall be resolved by Arbitration in the Republic of Kenya in accordance with the provisions of the Arbitration…

…Act, 1995 by one or more arbitrators appointed by the Chairman for the time being of the Chartered Institute of Arbitrators, Kenya Branch on the application of either party.…

…Act or any statutory Legislation thereof for the time being in force in Kenya. 6.3 Any party not satisfied with the decision of the Arbitration committee may refer the dispute to the Sugar Arbitration Tribunal established…

…The tenor and import of Article 159 (2) (c) of the Constitution together with Section 6(1) of the Arbitration Act is that where parties to a contract consensually agree on arbitration as their dispute resolution forum of…

…Act or any statutory Legislation thereof for the time being in force in Kenya. 6.3 Any party not satisfied with the decision of the Arbitration committee may refer the dispute to the Sugar Arbitration Tribunal established…

…The tenor and import of Article 159 (2) (c) of the Constitution together with Section 6(1) of the Arbitration Act is that where parties to a contract consensually agree on arbitration as their dispute resolution forum of…

…Act or any statutory Legislation thereof for the time being in force in Kenya. 6.3 Any party not satisfied with the decision of the Arbitration committee may refer the dispute to the Sugar Arbitration Tribunal established…

…The tenor and import of Article 159 (2) (c) of the Constitution together with Section 6(1) of the Arbitration Act is that where parties to a contract consensually agree on arbitration as their dispute resolution forum of…

…Act or any statutory Legislation thereof for the time being in force in Kenya. 6.3 Any party not satisfied with the decision of the Arbitration committee may refer the dispute to the Sugar Arbitration Tribunal established…

…The tenor and import of Article 159 (2) (c) of the Constitution together with Section 6(1) of the Arbitration Act is that where parties to a contract consensually agree on arbitration as their dispute resolution forum of…

…Act or any statutory Legislation thereof for the time being in force in Kenya. 6.3 Any party not satisfied with the decision of the Arbitration committee may refer the dispute to the Sugar Arbitration Tribunal established…

…The tenor and import of Article 159 (2) (c) of the Constitution together with Section 6(1) of the Arbitration Act is that where parties to a contract consensually agree on arbitration as their dispute resolution forum of…

…That according to Section 6 of the Arbitration Act and Rule 2 of the Arbitration Rules, it was upon the appellant to apply for stay of proceedings through chamber summons before the trial court and proof that there was a…

…Act is that where parties to a contract consensually agree on arbitration as their dispute resolution forum of choice, the courts are obliged to give effect to that agreement.…

…impugned ruling and it is my view that the issues for determination in this appeal are; Whether the trial court erred by declining to strike out the amended plaint; Whether the dispute under review is one governed by the Arbitration…

…Act and therefore ousts the jurisdiction of the court.…

…Company Ltd & another v Attorney General High Court, at Nairobi October 15, 1991 Mbito J Civil Case No 165 of 1991 JUDGMENT By this Originating Summons brought under Rule 3 of the Arbitration Rules and section 22(a) of the Arbitration…

…Act the applicants would like this Court to determine if they can both commence arbitration based on a main contract made between the first named applicant and the respondent and or on a subcontract made between the applicants…

…The action is expressed to be broughtunder the Arbitration Act, Cap 49 Laws of Kenya.…

…No. 209/1069 to 'arbitration was not and is not subject to the Arbitration Act. The Act is concerned with pre-suitagreements.…

…It would perhaps have been more appropriate if an application had been made under section 9 or 12 of the Arbitration Act, to replace an arbitrator who had refused to act.…

…Furthermore, the Arbitration Act which governs arbitration proceedings, contains provisions which are relevant to the dispute between the parties.…

…Further, Sections 3(1) of the Arbitration Act defines an “Arbitration Agreement” as follows: “Arbitration agreement” means an agreement by the parties to submit to arbitration all or certain disputes which have arisen or…

…Under section 12 of the Arbitration Act, there is nothing that prevented the respondent from pursuing the arbitration ex-parte if the appellant had turned recalcitrant.…

…Further, Sections 3(1) of the Arbitration Act defines an “Arbitration Agreement” as follows: “Arbitration agreement” means an agreement by the parties to submit to arbitration all or certain disputes which have arisen or…

…Under section 12 of the Arbitration Act, there is nothing that prevented the respondent from pursuing the arbitration ex-parte if the appellant had turned recalcitrant.…

…The Judge overruled the objection because he found as a fact that the appellant had not complied with the mandatory provisions of section 6 of the Arbitration Act (Cap 49).…

…Section 6(1)(a) of the Arbitration Act (Cap 49) (the Act) provides that - "6(1) If a party to an arbitration agreement or a person claiming through or under him, commences any legal proceedings in any court against any other…

…Section 6(1) of the Arbitration Act provides that: 6.…

…The Court of Appeal considered the above position in Section 6(1) of the Arbitration Act in the case of Eunice Soko Mlagui v Suresh Parmar & 4 others [2017] eKLR and stated that: “After 2009, the provision still requires…

…the knock-to-knock agreement, the Court of Appeal in UAP Provincial Insurance Company Ltd Vs Micheal John Beckett (2013) eklr (Nairobi CA No 26 of 2007 ) , while addressing itself on the import of Section 6(1)(b) of the Arbitration…

…Act , observed that; “ It is clear from this provision that the enquiry that the court undertakes and is required to undertake under Section 6(1)(b) of the Arbitration Act is to ascertain whether there is a dispute between…

…The Appellant further contended that the suit offended Sections 6(1) and 10 of the Arbitration Act.…

…Act to the circumstances expressly provided for under the Act. 44.…