Case law
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Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…I am inclined to agree with the respondent that a Registrar acting under the Nairobi Centre for International Arbitration Act is not an Arbitral Tribunal as contemplated under Section 14 of the Arbitration Act.…
…of an application filed under the provisions of Section 14 of the Arbitration Act.…
Division and case type: High Court Commercial and TaxCommercial Arbitration
…The jurisprudence on the strictness of timelines under Section 35(3) of the Arbitration Act is now settled.…
…Further, Section 10 of the Arbitration Act limits court intervention in arbitral proceedings. 36.…
Division and case type: High Court Commercial and TaxCommercial Arbitration
…The jurisprudence on the strictness of timelines under Section 35(3) of the Arbitration Act is now settled.…
…Further, Section 10 of the Arbitration Act limits court intervention in arbitral proceedings. 36.…
Division and case type: High Court Commercial and TaxCommercial Arbitration
…It cited Sections 10 and 35 of the Arbitration Act.…
…A party may apply to set aside an arbitral award under Section 35 of the Arbitration Act.…
Division and case type: High Court Commercial and TaxCommercial Arbitration
…RULING Leave to appeal under Arbitration Act 1.The significant order sought in the notice of motion dated 27.2.2025 is; Leave to appeal to the Court of Appeal under the Arbitration Act.…
…Act.…
Division and case type: High Court Commercial and TaxCommercial Arbitration
…Under section 32(A) of the Arbitration Act, an arbitral award is final and binding upon the parties and no recourse is available against the award otherwise than in the manner provided by the Arbitration Act.…
…Act are proved.…
Division and case type: High Court Commercial and TaxCommercial Arbitration
…I therefore find that nothing in the Arbitration Act stops the Applicant from invoking invoke both sections 35 and 39 of the Arbitration Act in the same cause and at the same time.…
…Act makes the Arbitration Act a complete code and Rule 11 of the Arbitration Rules(which the Respondent has relied on) cannot override section 10 of the Arbitration Act.…
Division and case type: High Court Commercial and TaxCommercial Matters
…Act.…
…The remedy contemplated under Section 6 of the Arbitration Act is a stay of court proceedings pending arbitration and not the converse. 40.…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…Section 35 (3) of the Arbitration Act sets the timeline within which an application to set aside an award should be made.…
…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…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…Sections 36 and 37 of the Arbitration Act.…
…37(1) of the Arbitration Act are proven.…
Division and case type: High Court Commercial and TaxCommercial Arbitration
…Act.…
…Act, all the provisions, including the Civil Procedure Act and Rules do not apply to arbitral proceedings because Section 10 of the Arbitration Act makes the Arbitration Act a complete code and Rule 11 of the Arbitration…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…The application seeks to review the court’s ruling on an application brought under Section 35 of the Arbitration Act. 15.…
…Act makes the Arbitration Act a complete code and rule 11 of the Arbitration Rules cannot override Section 10 of the Arbitration Act…” 17.…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…This constitutional framing posits that parties should adhere to their arbitration agreements, and should be guided by the provisions of the Arbitration Act. 17.…
…Section 12(3) & (4) of the Arbitration Act should be interpreted and understood within this framing and parties should take courage to exercise their autonomy under their arbitration agreement and the Arbitration Act.…
Division and case type: High Court Commercial and TaxCommercial Arbitration
…Section 35 (3) of the Arbitration Act sets the timeline within which an application to set aside an award should be made.…
…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…
Division and case type: High Court Commercial and TaxCommercial Arbitration
…35 (4) of the Arbitration Act; and (d) The arbitral tribunal does not have powers to sit on review of its findings under the agreement between the parties and the Arbitration Act. iii.…
…Whether the application meets the threshold for setting aside or remitting the award under Section 35 of the Arbitration Act; and ii.…
Division and case type: High Court Commercial and TaxCommercial Arbitration
…The present application is an application for the recognition and enforcement of an arbitration award under section 36 of Arbitration Act.…
…More importantly, these proceedings are governed by the Arbitration Act.…
Division and case type: High Court Commercial and TaxCommercial Arbitration
…They also did not challenge the Award under section 35 of the Arbitration Act. 6. The application was canvassed by way of written submissions.…
…More importantly, they have not sought to set aside the Award under section 35 of the Arbitration Act. 15.…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…The issue is whether the award should be recognized and enforced in accordance with Section 36 of the Arbitration Act which provides: - 36.…
…under section 35 of the Arbitration Act for setting aside the award is pending.…
Division and case type: High Court Commercial and TaxCommercial Arbitration
…This is the party autonomy that is embedded in the Arbitration Act. 26.…
…To permit review would be to expand the Court’s jurisdiction beyond the limits set by the Arbitration Act, contrary to Sections 10 and 32A. 33.…
Division and case type: High Court DivCommercial Miscellaneous
…Section 26(e) of the Arbitration Act allows the Tribunal to make peremptory orders for compliance.…
…The Respondent relied on Section 35(2)(a)(i) of the Arbitration Act. 71.…