Case law
Search tips: "exact phrase" · -exclude · land | property · negligen* · citations like [2023] KEHC 123
Division and case type: High Court Commercial and TaxCommercial Appeal
…Arbitration as a dispute resolution mechanism is centered around the autonomy of parties.…
…So central is the idea of party autonomy in the Arbitration Act that the law provides for a very limited avenue where the court may intervene in matters that are subject to arbitration. 6.…
Division and case type: High Court Commercial and TaxCommercial Arbitration
…The dispute was referred to arbitration where Eng.…
…That Rule 29 CIArb Arbitration Rules 2020 allow for consolidation of arbitrations involving the same parties where the arbitrations may be consolidated in the interest of efficiency and that the arbitration clause in the…
Division and case type: High Court CivilCivil Suit
…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).…
Division and case type: High Court Commercial and TaxCommercial Matters
…RULING Referral to arbitration 1.…
…The defendant/ applicant applied through the chamber summons dated 14.3.2025 under Section 6 (1) of the Arbitration Act and Rule 2 of the Arbitration Rules, for this dispute to be referred to arbitration in accordance with…
Division and case type: High Court DivCommercial Matters
…ought to be referred to arbitration. 20.…
…of the parties to refer their disputes to arbitration. 32.…
Division and case type: High Court Commercial and TaxCommercial Matters
…with Clause 16 of the Agreement and Section 6 of the Arbitration Act. 10.…
…That clause, in my view, constitutes a valid arbitration agreement within the meaning of Section 4 of the Arbitration Act. 12.…
Division and case type: High Court Commercial and TaxCommercial Petition
…arbitration. 4.…
…the Arbitration Act.…
Division and case type: High Court Commercial and TaxCommercial Matters
…So central is the idea of party autonomy in the Arbitration Act that the law provides for a very limited avenue where the court may intervene in matters that are before arbitration.…
…It is an essential pre-requisite of the arbitration law in Kenya that parties to a contract can demand to resort to arbitration so long as there is an arbitration agreement between them.…
Division and case type: High Court Commercial and TaxCommercial Matters
…to arbitration before the Korean Commercial Arbitration Board (KCAB) in Seoul. 14.…
…On the arbitration, the Plaintiff argues that the Respondents had failed to comply with Section 6 of the Arbitration Act and Rule 2 of the Arbitration Rules.…
Division and case type: High Court Commercial and TaxCommercial Matters
…He further averred that under the Arbitration Act, the proper remedy is a stay of proceedings and referral to arbitration under Section 6, which must be sought promptly and before a party takes any substantive steps in the…
…Act, the proper remedy where an arbitration clause exists is a stay of proceedings and referral to arbitration under Section 6, not dismissal of the suit.…
Division and case type: High Court Commercial and TaxCommercial Matters
…at the Nairobi Centre for International Arbitration (NCIA).…
…Section 7 of the Arbitration Act is modeled on this.…
Division and case type: High Court Commercial and TaxCommercial Matters
…The existence of an arbitration agreement. ii. Whether the subject matter of arbitration is under threat. iii.…
…Arbitration Act for interim relief. 22.…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…The ruling concerns the Notice of Motion dated 15th October 2024, brought under Section 7 of the Arbitration Act in which the Applicant seeks interim orders of protection pending arbitration.…
…The matter was previously referred to arbitration, and although the arbitral award was set aside, the existence of the arbitration agreement is clear.…
Division and case type: High Court Commercial and TaxCommercial Appeal
…Whether the Appellant validly invoked the arbitration agreement under section 6 of the Arbitration Act before submitting to the jurisdiction of the subordinate court; and ii.…
…Clause 15 provides: “All claims and disputes whatsoever arising under this Agreement shall be referred to Arbitration in accordance with the provisions of the Arbitration Act of Kenya…” 20.…
Division and case type: High Court Commercial and TaxCommercial Matters
…The Defendant filed the Notice of Motion dated 19th September 2025, brought pursuant to Section 6 of the Arbitration Act, and seeks to stay the proceedings herein and refer the dispute to arbitration pursuant to the arbitration…
…arbitration as the agreed forum for resolution of that dispute.…
Division and case type: High Court Commercial and TaxCommercial Matters
…Arbitration Agreement ‘in writing’; v) The foundation of Arbitration proceedings is the consent of all participating parties in an Arbitration Agreement.…
…a valid arbitration agreement ‘in writing’; and x) The foundation of arbitration proceedings is the consent of all participating parties in an arbitration agreement.…
Division and case type: High Court Commercial and TaxCommercial Matters
…The law governing stay of proceedings pending arbitration is found under 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…
…The Court is enjoined to uphold party autonomy and give effect to arbitration agreements except in the limited circumstances provided under Section 6 of the Arbitration Act. 16.…
Division and case type: High Court Commercial and TaxCommercial Matters
…It averred that Clause 26 of the Joint Venture Agreement contains an arbitration clause requiring disputes arising from the agreement to be referred to arbitration. 6.…
…Section 7 of the Arbitration Act, No. 4 of 1995 provides the statutory basis for interim measures of protection by the High Court pending arbitration: The provision states that: “It is not incompatible with an arbitration…
Division and case type: High Court Commercial and TaxCommercial Matters
…Centre for International Arbitration (NCIA). 7.…
…the Arbitration Act, Rule 2 of the Arbitration Rules and Sections 1A and 3A of the Civil Procedure Act. 13.…
Division and case type: High Court Commercial and TaxCommercial Matters
…under Section 6 of the Arbitration Act. 10.…
…Section 4(1) of the Arbitration Act requires an arbitration agreement to be in writing.…