Search court decisions

…As does happen in such cases, the hearing of the arbitration proceedings was delayed.…

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

…We deal first with the complaint relating to the arbitration clause.…

…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…

…Before the mention date, application to set aside the arbitration award was filed on April 2, 1984.…

…The appellants elected to pursue the motion filed by them stressing the irregularities of the arbitration and requested the arbitration to be conducted by another District Officer.Mr Chadialy for the respondent argued that…

…in the first place is wrong, and the quickest step to settlement of the dispute is for the arbitrator to be appointed and the arbitration to be entered on without any further delay.”…

…Since the arbitration was already in being and unless stopped, will be heard on the 18th, 19th and 24th April of this year, Mr Nagpal submitted that the arbitration did not depend in any way on the proceedings before the…

…On 19th January, 1983, in the presence of all the parties and their advocates, the trial judge made an order by which the dispute was referred to District Officer, Nyeri for arbitration with the help of four elders, two each…

…The Arbitrator(s) would determine a fair market value of your Client’s shares at the date of submission to arbitration. 3.…

…Notwithstanding this, our clients would be prepared to consider a reference to arbitration provided three preconditions are satisfied.…

…Litigation relating to this dispute seems to have commenced before the Senior Resident Magistrate's Court at Embu which referred the same to the arbitration of elders under the chairmanship of a District Officer.…

…The grounds of appeal relevant to the case are rst that there was not a valid consent of the divisional Land Control Board and secondly that the arbitration by the panel of elders was not properly conducted.…

…It was not a matter which could be allowed to go to arbitration since the arbitrators cannot declare the contract valid which a statute of Parliament has declared to be null and void. 11.…

…The grounds of appeal relevant to the case are rst that there was not a valid consent of the divisional Land Control Board and secondly that the arbitration by the panel of elders was not properly conducted.…

…It was not a matter which could be allowed to go to arbitration since the arbitrators cannot declare the contract valid which a statute of Parliament has declared to be null and void. 11.…

…The matter was at first by consent referred by the court to arbitration but the award was later set aside and the originating summons proceeded to trial.…

…After the plaintis had commenced an action in rem in the Admiralty Court, the parties made an ad hoc agreement to arbitrate and the plaintis actively pursued their claim in the arbitration.…

…The application made no mention of the ad hoc agreement to arbitrate or of the fact that the plaintis were actively pursing their claim in the arbitration.…

…of the High Court (Masime J) in Nairobi, set aside the judgment of the Murang’a resident magistrate, order the suit to go forward for trial in an appropriate subordinate court or refer the issues to the clan elders for arbitration…