Arbitration Law and Practice in Kenya.
Arbitration Law and Practice in Kenya is a practical reference text for one of the fastest growing areas of legal practice in Kenya today. The text covers the arbitration process from the arbitration agreement to commencement of proceedings and to the delivery of the Award in the Kenyan context. All...
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Full text (MCPHS users only) |
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| Main Author: | |
| Format: | Electronic eBook |
| Language: | English |
| Published: |
LawAfrica Publishing Ltd,
2011
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| Subjects: | |
| Local Note: | ProQuest Ebook Central |
Table of Contents:
- Cover; Title page; Copyright page; Contents; PREFACE; TABLE OF CASES; TABLE OF STATUTES; INTERNATIONAL COVENANTS/TREATIES; LIST OF ABBREVIATIONS; CHAPTER 1
- THE LEGAL FRAMEWORK OF ARBITRATION IN KENYA; 1.0 INTRODUCTION; 1.1 THE ARBITRATION ACT, 1968; 1.2 THE UNCITRAL MODEL ARBITRATION LAW, 1985; 1.3 THE ARBITRATION ACT, 1995; 1.4 FUNDAMENTAL PRINCIPLES; 1.5 RULES UNDER THE ARBITRATION ACT, 1995; 1.6 THE 2009 AMENDMENTS TO THE 1995 ACT; 1.7 INSTITUTIONAL REFERENCES TO ARBITRATION; 1.8 COURT SUPERVISED ARBITRATION UNDER ORDER 46 OF THE CIVIL PROCEDURE RULES, CIVIL PROCEDURE ACT.
- 1.9 ENFORCEMENT UNDER THE NEW YORK CONVENTION1.10 CONCLUSION; CHAPTER 2
- THE ARBITRATION AGREEMENT; 2.0 INTRODUCTION; 2.1 ARBITRATION AGREEMENT; 2.2 FORM OF AGREEMENT; 2.3 MODEL ARBITRATION AGREEMENT; 2.4 DOCTRINE OF SEPARABILITY; 2.5 DOCTRINE OF SEPARABILITY; 2.6 VALIDITY OF THE ARBITRATION AGREEMENT; 2.7 MANDATE OF TRIBUNAL AND COURT IN ENFORCING THE AGREEMENT; 2.8 CHALLENGES IN ENFORCEMENT OF THE ARBITRATION AGREEMENT; 2.9 APPOINTMENT AND COMPOSITION OF ARBITRAL TRIBUNAL; 2.10 CHALLENGE TO APPOINTMENT; 2.11 FAILURE AND TERMINATION OF APPOINTMENT.
- CHAPTER 3
- THE JURISDICTION AND POWER OF THE ARBITRATOR3.0 INTRODUCTION; 3.1 TYPES OF JURISDICTION; 3.2 GROUNDS FOR CHALLENGING THE JURISDICTION OF THE ARBITRAL TRIBUNAL; 3.3 POWER OF THE ARBITRAL TRIBUNAL TO RULE ON THE QUESTION OF ITS JURISDICTION; 3.4 POWERS OF ARBITRATORS; 3.5 CONCLUSION; CHAPTER 4
- THE CONDUCT OF THE ARBITRAL PROCESS; 4.0 INTRODUCTION; 4.1 BEGINNING THE ARBITRATION; 4.2 EXISTENCE AND DECLARATION OF DISPUTE; 4.3 TIME LIMITS; 4.4 APPOINTING THE ARBITRAL TRIBUNAL; 4.5 APPOINTMENT BY THE COURT; 4.6 INDEPENDENCE AND IMPARTIALITY OF ARBITRAL TRIBUNAL.
- 4.7 THE PRELIMINARY MEETING4.8 THE JURISDICTION OF THE TRIBUNAL; 4.9 CHOICE OF LAW; 4.10 PROCEDURAL RULES; 4.11 SCHEDULING OR TIMETABLING; 4.12 ADMINISTRATION OF THE REFERENCE; 4.13 FEES AND DEPOSITS OF THE TRIBUNAL; 4.14 COSTS OF THE REFERENCE; 4.15 CONFIDENTIALITY; 4.16 CONDUCTING THE ARBITRATION HEARING; 4.17 SOME COMMON CHALLENGES IN THE CONDUCT OF THE HEARING; CHAPTER 5
- THE ROLE OF THE COURT IN ARBITRATION PROCEEDINGS; 5.0 INTRODUCTION; 5.1 THE JURISDICTION OF THE COURT UNDER THE ARBITRATION ACT; 5.2 STAY OF PROCEEDINGS; 5.3 CONDITIONS PRECEDENT TO THE GRANTING OF STAY OF PROCEEDINGS.
- 5.4 OTHER ISSUES TO BE CONSIDERED BY THE COURT5.5 INTERIM MEASURES OF PROTECTION BEFORE ARBITRATION; 5.6 THE COURT'S ROLE DURING ARBITRATION PROCEEDINGS; 5.7 COURT ASSISTANCE TO ARBITRAL TRIBUNAL TO ENFORCE ORDERS FOR INTERIM MEASURES; 5.8 APPOINTMENT OF ARBITRATORS; 5.9 TERMINATION OF THE ARBITRATOR'S MANDATE; 5.10 ARBITRATOR IS UNABLE TO PERFORM THE FUNCTIONS OF HIS OFFICE; 5.11 ARBITRATOR, FOR ANY OTHER REASON, FAILS TO ACT WITHOUT UNDUE DELAY; 5.12 ARBITRATOR WITHDRAWS FROM HIS OFFICE; 5.13 REVIEW OF THE ARBITRAL TRIBUNAL'S RULING ON ITS OWN JURISDICTION.
