The State of International Arbitration in Kenya

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Abstract

Kenya is often considered as one of the fastest growing economies in Africa. This is mainly as result of its open economy encouraging foreign investment and its strategic location of the Mombasa Sea Port in Kenya which is usually used as a gate way to conducting international trade with other landlocked countries in East and Central Africa. Indeed, it is for this reason that China has identified Mombasa as one of the key maritime ports in the Chinese ‘One Belt One Road’ project and as a result China has heavily invested in Kenya.
The growth of international trade in Kenya has resulted to a rise international arbitration practice in Kenya to resolve commercial disputes. To this end, this article examines the state of international arbitration practice in Kenya. It does this by firstly examining the arbitration legal framework in Kenya. Then, it identifies the international arbitration practice in Kenya using results from a survey questionnaire administered to the key users and stakeholders of international arbitration in Kenya. The article also analyses the role of the Kenyan courts in the enforcement of international arbitration agreements by using stay of proceedings, anti-suit injunctions and judicial approach of arbitration of mandatory laws in Kenya. These issues are analysed comparatively throughout with mainly reference to English Law.
Original languageEnglish
Pages (from-to)40-69
Number of pages30
JournalInternational Arbitration Law Review
Volume23
Issue number1
Publication statusPublished - Mar 2020

Bibliographical note

This is a pre-copyedited, author-produced version of an article accepted for publication in International Arbitration Law Review following peer review. The definitive published version Ndolo, D & Liu, M 2020, 'The State of International Arbitration in Kenya', International Arbitration Law Review, vol. 23, no. 1, pp. 40-69. is available online on Westlaw UK.

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