Search court decisions

…In this case, it is common ground that the dispute relates to a motor vehicle policy which contains an arbitration clause hence the Arbitration Act, 1995 applies to this case.…

…In his written submissions, the Plaintiff has referred to section 6 of the Arbitration Act.…

…He stated that a preliminary objection isn’t an application for a stay of proceedings contemplated under the Arbitration Act. 22.…

…At the heart of this appeal is section 6 of the Arbitration Act, 1995.…

…Act.…

…They have invoked the provisions of Section 7 of the Arbitration Act for interim measures of protection, pending the determination of the arbitral process. 37.…

…Act, it is my finding that the motion, dated 18th February 2021, fails, on account of Section 6(1) of the Arbitration Act, for the stay of proceedings and reference of the matter to arbitration was not sought after the entry…

…is my finding that the motion, dated 18th February 2021, fails, on account of Section 6(1) of the Arbitration Act, for the stay of proceedings and reference of the matter to arbitration was not sought after the entry of…

…Before the Court is the Applicant’s Chamber Summons dated 15 th October 2024 brought under Sections 1A and 3A of the Civil Procedure Act, Section 7 of the Arbitration Act, Order 40, 46, and 51 Rule 1 of the Civil Procedure…

…The jurisdiction of this Court under Section 7 of the Arbitration Act is limited to granting interim measures of protection for the purpose of preserving the subject matter of arbitration pending the arbitral process.…

…It is worth emphasising that the Arbitration Act is a complete code for the resolution and determination of certain disputes, and the provisions of the Civil Procedure Act and its Rules are limited insofar as they are appropriate…

…The Arbitration Act has a whole regime on the appointment of an arbitrator as set in Section 12 thereof, and the parties herein are not constricted in any way.…

…Before the Court is the Applicant’s Chamber Summons dated 15 th October 2024 brought under Sections 1A and 3A of the Civil Procedure Act, Section 7 of the Arbitration Act, Order 40, 46, and 51 Rule 1 of the Civil Procedure…

…The jurisdiction of this Court under Section 7 of the Arbitration Act is limited to granting interim measures of protection for the purpose of preserving the subject matter of arbitration pending the arbitral process.…

…It was further submitted that under section 6 of the Arbitration Act, the proceedings should be stayed so that the matter is referred to arbitration.…

…Act.…

…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 plaintiff in its submissions, while agreeing that the contract had dispute resolution provisions, contended that the defendant had failed to satisfy the statutory threshold under section 6 of the Arbitration Act.…

…The court is required to determine whether the applicant has satisfied the conditions laid out in section 6 of the Arbitration Act.…

…The Defendant further hinges its application on Section 6(1) of the Arbitration Act. 24.…

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

…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.…

…The defendant/applicant moved the court through a Notice of Motion dated the 26th day of February 2026, which was brought under section 6 of the Arbitration Act.…

…Section 6 of the Arbitration Act provides: 1) A court before which proceedings are brought in a matter which is the subject of an arbitration agreement shall, if a party so applies not later than the time when that party…

…He thus seeks that the suit be stayed to allow the dispute herein to be dealt with in accordance with the agreement and Section 6 of the Arbitration Act. 4.…

…The grounds are that the Application is defective as it was not filed at the time the Defendant entered appearance as required under Section 6(1) of the Arbitration Act; that granting the Application would undermine the principles…

…[b] The Plaint, as filed herein, is time-barred by dint of the mandatory provisions of Section 35(3) of the Arbitration Act, Chapter 49 of the Laws of Kenya as read with Section 4(1)(a) of the Limitation of Actions Act, Chapter…

…The 1st defendant made reference to Section 35(3) of the Arbitration Act, CAP 49, Laws of Kenya and the cases of Ann Mumbi Hinga v Victoria Njoki Gathara [2009] eKLR and Nyutu Agrovet Ltd v Airtel Networks Kenya Limited and…

…Tulsi Construction Limited (hereafter the Applicant) has brought the Notice of Motion dated 30.04.2025 and amended on 16.06.2025 (the Motion) under Section 12(9) of the Arbitration Act, Cap. 49, Laws of Kenya; Legal Notice…

…Both the Arbitration Act and the CPR empower the courts to appoint an arbitrator or arbitrators, whichever the case may be.…

…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.…

…The Defendant’s application dated 04.07.2023 is dismissed as it does not comply with section 6(1) of the Arbitration Act as the Memorandum of Appearance was filed on 05.06.2019 by which time the application for stay pending…

…The application herein is brought under section 7 of the Arbitration Act (Cap. 49) Laws of Kenya which provides that: 1) It is not incompatible with an arbitration agreement for a party to request from the High Court, before…

…R. 664, where the House of Lords applying section 12(6) of the Arbitration Act 1950, which is similar to our section 7 of the Arbitration Act, which gives the power to grant an interim measure of relief pending referral or…