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…That the application on the face of it raised the issue that the Applicant had invoked the power of the Court under Rule 6 of the Arbitration Rules, 1997, by misrepresentation of material facts and fraud. 4.…

…Furthermore, the Respondent sought orders to compel the Applicant to produce proof of the cost claimed in the arbitration proceedings and awarded in the Award. 5.…

…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…

…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…

…In the application before me they have raised the issue of the jurisdiction to entertain both the suit and the application relying on the arbitration clause.…

…S 6(1) of the Arbitration Act, cap 49 Laws of Kenya, provides, in pertinent part, as follows: “If a party to an arbitration agreement … commences any legal proceedings in any Court against any other party to the agreement…

…of the matter to arbitration.…

…matter for arbitration.…

…Form of arbitration agreement (1) An arbitration agreement may be in the form of an arbitration clause in a contract or in the form of a separate agreement . (2) An arbitration agreement shall be in writing. (3) An arbitration…

…arbitration agreement itself.…

…arbitration…”.…

…Since the Creditor has exercised the option of not commencing arbitration as provided for under the Agreement, the court cannot order it to proceed for arbitration because under the Arbitration Act, arbitration is a consensual…

…By virtue of the arbitration clause, the parties are bound to resolve the dispute through arbitration.…

…Under Section 6(1)(a) and (b) of the Arbitration Act, the Court may only decline to refer a matter to arbitration only when the arbitration agreement is null and void, inoperative or incapable of being performed; or there…

…And that the dispute falls within the ambit of arbitration. 5.…

…Act makes the Arbitration Act a complete code and Rule 11 of the Arbitration Rules cannot override Section 10 of the Arbitration Act which states; “Except as provided in this Act no court shall intervene in matters governed…

…He does not contest the presence of an arbitration clause in the Company’s Articles.…

…He contends that, notwithstanding the alleged arbitration agreement, this Court retains jurisdiction to grant interim protective measures under Section 7 of the Arbitration Act. Analysis and determination 6.…

…The defendants brought this application under sections 6 and 10 of the Arbitration Act 1995 as well as Rule 2 of the Arbitration Rules.…

…6 of the Arbitration Act are met. 9.…

…in accordance with the rules of arbitration of the International Court of Arbitration of the International Chamber of Commerce (the ICC). 3.…

…6 of the Arbitration Act are met.…

…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.”…

…It restates that as per the Agreement, any dispute shall be referred to arbitration under the ICC Rules, with the seat of arbitration to be agreed upon by the parties.…

…and the seat of arbitration.…

…There was an arbitration agreement between the parties and the charterers applied to stay those proceedings pending reference to arbitration.…

…The Defendant’s argument was really that since there was an arbitration clause, the matter should be referred to arbitration. Such referral is not automatic.…

…arbitration proceedings declared time-barred. 6.…

…Whether the Arbitration Claim is Time-Barred 24.…

…That the agreement further contained an arbitration clause under Clause 19.3 providing for reference of disputes to arbitration under the ICC Rules. 6.…

…to a valid arbitration agreement.…

…to arbitrations.…

…The existence of an arbitration clause is a condition precedent for invoking section 6(1) of the Arbitration Act. It is common ground that the LPO and the Agreement contain arbitration clauses.…

…arbitration agreement between the parties. 16.…

…This contract does not have any arbitration clause.” 17.…