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…In Kenya, court intrusion in arbitration proceedings is limited only to circumstances expressly permitted by the Arbitration Act.…

…The arbitration agreement being the product of a consensual contract, I refuse the invitation to “rectify the arbitration clause.”…

…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.…

…It must be recalled that arbitration is a consensual process and the court’s intervention is limited under the Arbitration Act (see Goodison Sixty One School Ltd v Symbion Kenya Ltd [2017]eKLR).…

…The law governing stay of proceedings pending arbitration is found in section 6(1) of the Arbitration Act which provides: “A court before which proceedings are brought in a matter which is the subject of an arbitration agreement…

…arbitration.’’…

…The application is brought under section 6(1), (2) and (3) of the Arbitration Act (Cap. 49) Laws of Kenya, Rule 2 of the Arbitration Rules, 1997 and all other enabling provisions of the law. 3.…

…existence of the arbitration clause in the contract. 4.…

…section 6 of the Arbitration Act.…

…the parties to arbitration.’’ 9.…

…The Respondent submitted that while Section 36(3) of the Arbitration Act makes provision for the mandatory furnishing of the originals or certified copies of the arbitral award and arbitration agreement, Rules 4 and 5 of…

…, or it contains decisions on matters beyond the scope of the reference to arbitration, provided that if the decisions on matters referred to arbitration can be separated from those not so referred, that part of the arbitral…

…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…

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

…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…

…The applicant argues that their dispute falls under an arbitration agreement.…

…It can be seen from the above that the agreement does have an arbitration clause. 7.…

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

…It has stated that in the absence of any arbitration clause, this dispute ought not to be referred for arbitration, rather, it should be determined by the court. 9.…

…This prompted the consent and order referring it to for arbitration. 24.…

…The dispute was indeed referred to arbitration on 25/9/2024. 5.…

…Under our system of the law on arbitration the essentials which the Court must take into account before issuing the interim measures of protection are: - a. The existence of an arbitration agreement. b.…

…the status quo pending arbitration.…

…In the instant case both parties recognize that there is a dispute between them, the proper forum for resolution of which is a reference to arbitration in terms of the agreement between them.…

…Agreement between the parties under Section 7 of the Arbitration Act.…

…jurisdiction on the High Court, over arbitration-related interim relief applications.…

…The reference of the dispute to arbitration having not been by order of Court. The agreement to submit to arbitration was enteredinto while the three suits were pending.…

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

…The Applicant seeks for interim measures of protection pending the hearing and determination of the Application and Arbitration proceedings thereto. 3.…

…The Applicant testifies that Arbitration has already been invoked by issuance of a 30-day notice to appoint an Arbitrator. 4.…

…The Applicant seeks for interim measures of protection pending the hearing and determination of the Application and Arbitration proceedings thereto. 3.…

…The Applicant testifies that Arbitration has already been invoked by issuance of a 30-day notice to appoint an Arbitrator. 4.…

…The dispute in this matter had been referred to arbitration by Nyarangi J. (as he then was) as far back as 6th July 1982.…

…He has stated in his affidavit that there was indeed another arbitration, para (5): "That in 1983 and 1984 the plaintiff and myself were severally summoned to appear before the District Officer Ngong for arbitration on 18…

…DONYO/KIBOKO BLOCK 4(KOLOOSO)/605 pending the intended arbitration. That the Officer in charge of KBC Police Station do enforce compliance and keep the peace.…

…, as is provided for in Rule 11 of the Arbitration Rules, 1997.…

…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…

…the matter to arbitration.…