Arbitration Act

Section 1. Short title Section This Act may be cited as the Arbitration Act.

Section 2. Application Section Except as otherwise provided in a particular case, the provisions of this Act shall apply to domestic arbitration and international arbitration .

Section 3. Interpretation Section 3(1) In this Act, unless the context otherwise requires— "arbitration" means any arbitration whether or not administered by a permanent arbitral institution; "arbitration agreement" means an agreement by the parties to submit to arbitration all or certain disputes which have arisen or which may arise between them in respect of a defined legal relationship, whether contractual or not; "arbitral award" means any award of an arbitral tribunal and includes an interim arbitral award; "arbitral tribunal" means a sole arbitrator or a panel of arbitrators; "party" means a party to an arbitration agreement and includes a person claiming through or under a party. Section 3(2)(a) where the arbitration is between individuals, the parties are nationals of Kenya or are habitually resident in Kenya; Section 3(2)(b) where the arbitration is between bodies corporate, the parties are incorporated in Kenya or their central management and control are exercised in Kenya; Section 3(2)(c) the party who is an individual is a national of Kenya or is habitually resident in Kenya; and Section 3(2)(c)(i) the party who is an individual is a national of Kenya or is habitually r...

Section 4. Form of arbitration agreement Section 4(1) An arbitration agreement may be in the form of an arbitration clause in a contract or in the form of a separate agreement. Section 4(2) An arbitration agreement shall be in writing. Section 4(3)(a) a document signed by the parties; Section 4(3)(b) an exchange of letters, telex, telegram, facsimile, electronic mail or other means of telecommunications which provide a record of the agreement; or Section 4(3)(c) an exchange of statements of claim and defence in which the existence of an agreement is alleged by one party and not denied by the other party. Section 4(4) The reference in a contract to a document containing an arbitration clause shall constitute an arbitration agreement if the contract is in writing and the reference is such as to make that arbitration clause part of the contract. [Act No. 11 of 2009 , s. 3.]

Section 5. Waiver of right to object Section A party who knows that any provision of this Act from which the parties may derogate or any requirement under the arbitration agreement has not been complied with and yet proceeds with the arbitration without stating his objection to such non-compliance without undue delay or, if a time limit is prescribed, within such period of time, is deemed to have waived the right to object. [Act No. 11 of 2009 , s. 4.]

Section 6. Stay of legal proceedings Section 6(1)(a) that the arbitration agreement is null and void, inoperative or incapable of being performed; or Section 6(1)(b) that there is not in fact any dispute between the parties with regard to the matters agreed to be referred to arbitration. Section 6(2) Proceedings before the court shall not be continued after an application under subsection (1) has been made and the matter remains undetermined. Section 6(3) If the court declines to stay legal proceedings, any provision of the arbitration agreement to the effect that an award is a condition precedent to the bringing of legal proceedings in respect of any matter is of no effect in relation to those proceedings. [Act No. 11 of 2009 , s. 5.]

Section 7. Interim measures by court Section 7(1) It is not incompatible with an arbitration agreement for a party to request from the High Court, before or during arbitral proceedings, an interim measure of protection and for the High Court to grant that measure. Section 7(2) Where a party applies to the High Court for an injunction or other interim order and the arbitral tribunal has already ruled on any matter relevant to the application, the High Court shall treat the ruling or any finding of fact made in the course of the ruling as conclusive for the purposes of the application.

Section 8. Death of aparty Section 8(1) An arbitration agreement is not discharged by the death of any party thereto, either as respects the deceased or any other party , but in such event is enforceable by or against the personal representative of the deceased. Section 8(2) The authority of an arbitrator is not revoked by the death of any party by whom he was appointed. Section 8(3) Nothing in this section affects the operation of any law by virtue of which any right of action is extinguished by the death of a person.

Section 9. Receipt of written communications Section 9(1)(a) is deemed to have been received if it is transmitted to a facsimile number or electronic mailing address, as the case may be, specified by the addressee as his number or address for service; and Section 9(1)(a)(i) is deemed to have been received if it is transmitted to a facsimile number or electronic mailing address, as the case may be, specified by the addressee as his number or address for service; and Section 9(1)(a)(ii) is deemed to have been received on the day on which it is so transmitted; or Section 9(1)(b) is deemed to have been received if it is delivered to the addressee personally or if it is delivered at his place of business, habitual residence or mailing address; and Section 9(1)(b)(i) is deemed to have been received if it is delivered to the addressee personally or if it is delivered at his place of business, habitual residence or mailing address; and Section 9(1)(b)(ii) is deemed to have been received on the day on which it was so delivered. Section 9(2)(a) is deemed to have been received if it is sent to the addressee’s last known place of business, residential address or mailing address, or last known...

Section 10. Extent of court intervention Section Except as provided in this Act, no court shall intervene in matters governed by this Act.

Section 11. Determination of number of arbitrators Section 11(1) The parties are free to determine the number of arbitrators. Section 11(2) Failing such determination, the number of arbitrators shall be one. Section 11(3) Where an arbitration agreement provides that the reference shall be to two arbitrators, then, unless a contrary intention is expressed in the agreement, the agreement is deemed to include a provision that the two arbitrators shall appoint a third arbitrator immediately after they are themselves appointed. [Act No. 11 of 2009 , s. 7.]

Section 12. Appointment of arbitrators Section 12(1) No person shall be precluded by reason of that person’s nationality from acting as an arbitrator, unless otherwise agreed by the parties. Section 12(2)(a) in an arbitration with three arbitrators, each party shall appoint one arbitrator and the two arbitrators so appointed shall appoint the arbitrator; Section 12(2)(b) in an arbitration with two arbitrators, each party shall appoint one arbitrator; and Section 12(2)(c) in an arbitration with one arbitrator, the parties shall agree on the arbitrator to be appointed. Section 12(3)(a) has indicated that he is unwilling to do so; Section 12(3)(b) fails to do so within the time allowed under the arbitration agreement ; or Section 12(3)(c) fails to do so within fourteen days (where the arbitration agreement does not limit the time within which an arbitrator must be appointed by a party ), the other party , having duly appointed an arbitrator, may give notice in writing to the party in default that he proposes to appoint his arbitrator to act as sole arbitrator. Section 12(4)(a) make the required appointment; and Section 12(4)(b) notify the other party that he has done so, the other par...

Section 13. Grounds for challenge Section 13(1) When a person is approached in connection with his possible appointment as an arbitrator, he shall disclose any circumstances likely to give rise to justifiable doubts as to his impartiality or independence. Section 13(2) From the time of his appointment and throughout the arbitral proceedings, an arbitrator shall without delay disclose any such circumstances to the parties unless the parties have already been informed of them by him. Section 13(3) An arbitrator may be challenged only if circumstances exist that give rise to justifiable doubts as to his impartiality and independence, or if he does not possess qualifications agreed to by the parties or if he is physically or mentally incapable of conducting the proceedings or there are justifiable doubts as to his capacity to do so. Section 13(4) A party may challenge an arbitrator appointed by him, or in whose appointment that party has participated, only for reasons of which he becomes aware after the appointment. [Act No. 11 of 2009 , s. 9.]

Section 14. Challenge procedure Section 14(1) Subject to subsection (3), the parties are free to agree on a procedure for challenging an arbitrator. Section 14(2) Failing an agreement under subsection (1), a party who intends to challenge an arbitrator shall, within fifteen days after becoming aware of the composition of the arbitral tribunal or after becoming aware of any circumstances referred to in section 13 (3), send a written statement of the reasons for the challenge to the arbitral tribunal, and unless the arbitrator who is being challenged withdraws from his office or the other party agrees to the challenge, the arbitral tribunal shall decide on the challenge. Section 14(3) If a challenge under agreed procedure or under subsection (2) is unsuccessful, the challenging party may, within thirty days after being notified of the decision to reject the challenge, apply to the High Court to determine the matter. Section 14(4) On an application under subsection (3), the arbitrator who was challenged shall be entitled to appear and be heard before the High Court determines the application. Section 14(5) The High Court may confirm the rejection of the challenge or may uphold the cha...

Section 15. Failure or impossibility to act Section 15(1)(a) he is unable to perform the functions of his office or for any other reason fails to conduct the proceedings properly and with reasonable dispatch; or Section 15(1)(b) he withdraws from his office; or Section 15(1)(c) the parties agree in writing to the termination of the mandate. Section 15(2) If there is any dispute concerning any of the grounds referred to in subsection (1)(a), a party may apply to the High Court to decide on the termination of the mandate. Section 15(3) A decision of the High Court under subsection (2) shall be final and shall not be subject to appeal. Section 15(4) Where under this section or section 14 (2), an arbitrator withdraws from his office or a party agrees to the termination of the mandate of an arbitrator, that shall not imply acceptance of the validity of any ground referred to in this section or section 16 (3). [Act No. 11 of 2009 , s. 11.]

Section 16. Termination of mandate and substitution of arbitrator Section 16(1) Where the mandate of an arbitrator is terminated under section 14 or 15 , a substitute arbitrator shall be appointed in accordance with the procedure that was applicable to the appointment of the arbitrator being replaced. Section 16(2)(a) where a sole arbitrator or the Chairman of the arbitral tribunal is replaced, any hearing previously held shall be held afresh; and Section 16(2)(b) where an arbitrator, other than a sole arbitrator or the Chairman of the arbitral tribunal is replaced, any hearings previously held may be held afresh at the discretion of the arbitral tribunal . Section 16(3) Unless otherwise agreed by the parties, an order or ruling of the arbitral tribunal made prior to the replacement of an arbitrator under this section shall not be invalidated solely because there has been a change in the composition of the arbitral tribunal . Section 16(4) The Authority of an arbitrator is personal and ceases on his death. [Act No. 11 of 2009 , s. 12.]

Section 17. Competence ofarbitral tribunalto rule on its jurisdiction Section 17(1)(a) an arbitration clause which forms part of a contract shall be treated as an agreement independent of the other terms of the contract; and Section 17(1)(b) a decision by the arbitral tribunal that the contract is null and void shall not itself invalidate the arbitration clause. Section 17(2) A plea that the arbitral tribunal does not have jurisdiction shall be raised not later than the submission of the statement of defence, however, a party is not precluded from raising such a plea because he has appointed, or participated in the appointment of, an arbitrator. Section 17(3) A plea that the arbitral tribunal is exceeding the scope of its authority shall be raised as soon as the matter alleged to be beyond the scope of its authority is raised during the arbitral proceedings. Section 17(4) The arbitral tribunal may, in either of the cases referred to in subsection (2) or (3) admit a later plea if it considers the delay justified. Section 17(5) The arbitral tribunal may rule on a plea referred to in subsections (2) and (3) either as a preliminary question or in an arbitration award on the merits. Sec...

Section 18. Power ofarbitral tribunal Section 18(1)(a) order any party to take such interim measure of protection as the arbitral tribunal may consider necessary in respect of the subject- matter of the dispute, with or without an ancillary order requiring the provision of appropriate security in connection with such a measure; or Section 18(1)(b) order any party to provide security in respect of any claim or any amount in dispute; or Section 18(1)(c) order a claimant to provide security for costs. Section 18(2) The arbitral tribunal or a party with the approval of the arbitral tribunal , may seek assistance from the High Court in the exercise of any power conferred on the arbitral tribunal under subsection (1). Section 18(3) If a request is made under subsection (2) the High Court shall have, for the purposes of the arbitral proceedings, the same power to make an order for the doing of anything which the arbitral tribunal is empowered to order under subsection (1) as it would have in civil proceedings before that Court, but the arbitral proceedings shall continue notwithstanding that a request has been made and is being considered by the High Court. [Act No. 11 of 2009 , s. 15.]

Section 16A. Withdrawal of arbitrator Section 16A(1)(a) to grant him relief from any liability thereby incurred by him; and Section 16A(1)(b) to make such order as the court thinks fit with respect to his entitlement (if any) to fees or expenses or the repayment of any fees or expenses already paid. Section 16A(2) Where the High Court is satisfied that, in the circumstances, it was reasonable for the arbitrator to resign, it may grant relief on such terms as it may think fit. Section 16A(3) The decision of the High Court shall be final and shall not be subject to appeal. [Act No. 11 of 2009 , s. 13.]

Section 16B. Immunity of arbitrator Section 16B(1) An arbitrator shall not be liable for anything done or omitted to be done in good faith in the discharge or purported discharge of his functions as an arbitrator. Section 16B(2) Subsection (1) shall extend to apply to a servant or agent of an arbitrator in respect of the discharge or purported discharge by such a servant or agent, with due authority and in good faith, of the functions of the arbitrator. Section 16B(3) Nothing in this section affects any liability incurred by an arbitrator by reason of his resignation or withdrawal. [Act No. 11 of 2009 , s. 13.]

Section 19. Equal treatment of parties Section The parties shall be treated with equality and each party shall subject to section 20 , be given a fair and reasonable opportunity to present his case. [Act No. 11 of 2009 , s. 16.]

Section 20. Determination of rules of procedure Section 20(1) Subject to the provisions of this Act, the parties are free to agree on the procedure to be followed by the arbitral tribunal in the conduct of the proceedings. Section 20(2) Failing an agreement under subsection (1), the arbitral tribunal may conduct the arbitration in the manner it considers appropriate, having regard to the desirability of avoiding unnecessary delay or expense while at the same time affording the parties a fair and reasonable opportunity to present their cases. Section 20(3) The power of the arbitral tribunal under subsection (2) includes the power to determine the admissibility, relevance, materiality and weight of any evidence and to determine at what point an argument or submission in respect of any matter has been fairly and adequately put or made. Section 20(4) Every witness giving evidence and every person appearing before an arbitral tribunal shall have at least the same privileges and immunities as witnesses and advocates in proceedings before a court. Section 20(5) The tribunal may direct that a party or witness shall be examined on oath or affirmation and may for that purpose administer or t...

Section 21. Place ofarbitration Section 21(1) The parties are free to agree on the juridicial seat of arbitration and the location of any hearing or meeting. Section 21(2) Failing an agreement under subsection (1), the place of arbitration shall be determined by the arbitral tribunal having regard to the circumstances of the case and convenience of the parties. Section 21(3) Notwithstanding subsection (1) the arbitral tribunal may, unless otherwise agreed by the parties, meet at any location it considers appropriate for consultation among its members, for hearing witnesses, experts or the parties, or for the inspection of documents, goods or other property. [Act No. 11 of 2009 , s. 19.]

Section 22. Commencement of arbitral proceedings Section Unless the parties otherwise agree, the arbitral proceedings in respect of a particular dispute shall commence on the date on which a request for the dispute to be referred to arbitration is received by the respondent.

Section 23. Language Section 23(1) The parties are free to agree upon the language or languages to be used in the arbitral proceedings. Section 23(2) Failing an agreement under subsection (1), the arbitral tribunal shall determine the language or languages to be used in the arbitral proceedings. Section 23(3) The agreement or determination under subsection (1) or (2) shall, unless otherwise specified, apply to any written statement by a party , any hearing and any arbitral award , decision or other communication by the arbitral tribunal . Section 23(4) The arbitral tribunal may order that any documentary evidence shall be accompanied by a translation into the language or languages agreed upon by the parties or determined by the arbitral tribunal .

Section 24. Statement of claim and defence Section 24(1) Within the period of time agreed upon by the parties or determined by the arbitral tribunal , the claimant shall state the facts supporting his claim, the points at issue and the relief or remedy sought, and the respondent shall state his defence in respect of these particulars, unless the parties have otherwise agreed as to the required particulars of such statements. Section 24(2) The parties may submit with their statements all documents they consider to be relevant or may add a reference to the documents or other evidence they will submit. Section 24(3) Except as otherwise agreed by the parties, either party may amend or supplement his claim or defence during the course of the arbitral proceedings, unless the arbitral tribunal considers it inappropriate to allow the amendment or supplement having regard to the delay in making it.

Section 25. Hearing and written representations Section 25(1) Subject to any agreement to the contrary by the parties, the arbitral tribunal shall decide whether to hold oral hearing for the presentation of evidence or for oral argument, or whether the proceedings shall be conducted on the basis of documents and other materials furnished under section 24 . Section 25(2) Unless the parties have agreed that no hearings shall be held, the arbitral tribunal shall hold oral hearings at an appropriate stage of the proceedings, if so required by a party . Section 25(3) The parties shall be given sufficient advance notice of any hearing and of any meeting of the arbitral tribunal for the purpose of inspection of documents, goods or other property. Section 25(4) All statements, documents or other information furnished to, or applications made to, the arbitral tribunal by one party shall be communicated to the other party , and any expert report or evidential document on which the arbitral tribunal may rely in making its decisions shall be communicated to the parties. Section 25(5) At any hearing or meeting of the arbitral tribunal of which notice is required to be given under subsection (3)...

Section 26. Default of aparty Section the claimant fails to communicate his statement of claim in accordance with section 24 (1), the arbitral tribunal shall terminate the arbitral proceedings;

Section 27. Experts Section 27(1)(a) appoint one or more experts to report to it on specific issues to be determined by the arbitral tribunal ; and Section 27(1)(b) require a party to give the expert any relevant information or to produce or provide access to, any relevant documents, goods or other property for inspection. Section 27(2) Unless otherwise agreed by the parties, if a party requests or if the arbitral tribunal considers it necessary, the expert shall, after delivery of his written or oral report, participate in an oral hearing where the parties shall have the opportunity to put questions to him and to present expert witnesses in order to testify on the points at issue. Section 27(3) Unless otherwise agreed by the parties, the expert shall, upon the request of a party , make available to that party for examination all documents, goods or other property in the expert’s possession which were provided to him in order to prepare his report. [Act No. 11 of 2009 , s. 21.]

Section 28. Court assistance in taking evidence Section The arbitral tribunal , or a party with the approval of the arbitral tribunal , may request from the High Court assistance in taking evidence, and the High Court may execute the request within its competence and according to its rules on taking evidence.

Section 19A. General duty of parties Section The parties to arbitration shall do all things necessary for the proper and expeditious conduct of the arbitral proceedings. [Act No. 11 of 2009 , s. 17.]

Section 29. Rules applicable to substance of dispute Section 29(1) The arbitral tribunal shall decide the dispute in accordance with the rules of law chosen by the parties as applicable to the substance of the dispute. Section 29(2) The choice of the law or legal system of any designated state shall be construed, unless otherwise agreed by the parties, as directly referring to the substantive law of that state and not to its conflict of laws rules. Section 29(3) Failing a choice of the law under subsection (1) by the parties, the arbitral tribunal shall apply the rules of law it considers to be appropriate given all the circumstances of the dispute. Section 29(4) The arbitral tribunal shall decide on the substance of the dispute according to considerations of justice and fairness without being bound by the rules of law, only if the parties have expressly authorized it to do so. Section 29(5) In all cases, the arbitral tribunal shall decide in accordance with the terms of the particular contract and shall take into account the usages of the trade applicable to the particular transaction.

Section 30. Decision making by panel of arbitrators Section 30(1) Unless otherwise agreed by the parties, in arbitral proceedings with more than one arbitrator, any decision of the arbitral tribunal shall be made by a majority of all its members. Section 30(2) Notwithstanding subsection (1), if authorized by the parties or all the members of the arbitral tribunal , questions of procedure may be decided by the Chairman. [Act No. 11 of 2009 , s. 22.]

Section 31. Settlement Section 31(1) If, during arbitral proceedings, the parties settle the dispute, the arbitral tribunal shall terminate the proceedings and, if requested by the parties and not objected to by the arbitral tribunal , record the settlement in the form of an arbitral award on agreed terms. Section 31(2) An arbitral award on agreed terms shall be made in accordance with section 32 and shall state that it is an arbitral award . Section 31(3) An arbitral award on agreed terms has the same status and effect as any other arbitral award on the substance of the dispute.

Section 32. Form and contents ofarbitral award Section 32(1) An arbitral award shall be made in writing and shall be signed by the arbitrator or the arbitrators. Section 32(2) For the purposes of subsection (1), in arbitral proceedings with more than one arbitrator, the signatures of the majority of all the arbitrators shall be sufficient so long as the reasons for any omitted signature are stated. Section 32(3)(a) the parties have agreed that no reasons are to be given; or Section 32(3)(b) the award is an arbitral award on agreed terms under section 31 . Section 32(4) The arbitral award shall state the date of the award and the juridical seat of arbitration as determined in accordance with section 21 (1), and the award shall be deemed to have been made at that juridical seat. Section 32(5) Subject to section 32B after the arbitral award is made, a signed copy shall be delivered to each party. Section 32(6) An arbitral tribunal may, at any time, make a partial award by which some, but not all, of the issues between the parties are determined, and the provisions of this Act applying to awards of an arbitral tribunal shall, except in so far as a contrary intention appears, apply in r...

Section 33. Termination of arbitral proceedings Section 33(1) The arbitral proceedings shall be terminated by the final arbitral award or by an order of the arbitral tribunal under subsection (2). Section 33(2)(a) the claimant withdraws his claim, unless the respondent objects to the order and the arbitral tribunal recognises a legitimate interest on his part in obtaining a final settlement of the dispute; Section 33(2)(b) the parties agree on the termination of the arbitral proceedings; or Section 33(2)(c) the arbitral tribunal finds that the continuation of the proceedings has for any other reason become unnecessary or impossible. Section 33(3) Subject to sections 34 and 35 , the mandate of the arbitral tribunal shall terminate upon the termination of the arbitral proceedings.

Section 34. Correction and interpretation of arbitral award; additional award Section 34(1)(a) a party may, upon notice in writing to the other party, request the arbitral tribunal to correct in the arbitral award any computation errors, any clerical or typographical errors or any other errors of a similar nature; and Section 34(1)(b) a party may, upon notice in writing to the other party, request the arbitral tribunal to clarify or remove any ambiguity concerning specific point or part of the arbitral award. Section 34(2) If the tribunal considers a request made under subsection (1) to be justified it shall, after giving the other party fourteen days to comment, make the correction or furnish the clarification within thirty days whether the comments have been received or not, and the correction or clarification shall be deemed to be part of the award. Section 34(3) The arbitral tribunal may correct any error of the type referred to in subsection (1)(a) on its own initiative within thirty days after the date of the arbitral award. Section 34(4) Unless otherwise agreed by the parties, a party may upon notice in writing to the other party, within thirty days after receipt of the arbi...

Section 32A. Effect of award Section Except as otherwise agreed by the parties, an arbitral award is final and binding upon the parties to it, and no recourse is available against the award otherwise than in the manner provided by this Act. [Act No. 11 of 2009 , s. 24.]

Section 32B. Costs and expenses Section 32B(1) Unless otherwise agreed by the parties, the costs and expenses of an arbitration , being the legal and other expenses of the parties, the fees and expenses of the arbitral tribunal and any other expenses related to the arbitration , shall be as determined and apportioned by the arbitral tribunal in its award under this section, or any additional award under section 34 (5). Section 32B(2) Unless otherwise agreed by the parties, in the absence of an award or additional award determining and apportioning the costs and expenses of the arbitration , each party shall be responsible for the legal and other expenses of that party and for an equal share of the fees and expenses of the arbitral tribunal and any other expenses relating to the arbitration . Section 32B(3) The arbitral tribunal may withhold the delivery of an award to the parties until full payment of the fees and expenses of the arbitral tribunal is received. Section 32B(4) If the arbitral tribunal has, under subsection (3), withheld the delivery of an award, a party to the arbitration may, upon notice to the other party and to the arbitral tribunal , and after payment into court...

Section 32C. Interest Section Unless otherwise agreed by the parties, to the extent that the rules of law applicable to the substance of the dispute permit, an arbitral award may include provision for the payment of simple or compound interest calculated from such date, at such rate and with such rests as may be specified in the award. [Act No. 11 of 2009 , s. 24.]

Section 35. Application for setting asidearbitral award Section 35(1) Recourse to the High Court against an arbitral award may be made only by an application for setting aside the award under subsections (2) and (3). Section 35(2)(a) that a party to the arbitration agreement was under some incapacity; or Section 35(2)(a)(i) that a party to the arbitration agreement was under some incapacity; or Section 35(2)(a)(ii) the arbitration agreement is not valid under the law to which the parties have subjected it or, failing any indication of that law, the laws of Kenya; or Section 35(2)(a)(iii) the party making the application was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present his case; or Section 35(2)(a)(iv) the arbitral award deals with a dispute not contemplated by or not falling within the terms of the reference to arbitration or contains decisions on matters beyond the scope of the reference to arbitration , provided that if the decisions on matters referred to arbitration can be separated from those not so referred, only that part of the arbitral award which contains decisions on matters not referred to...

Section 36. Recognition and enforcement of awards Section 36(1) A domestic arbitral award shall be recognized as binding and, upon application in writing to the High Court, shall be enforced subject to this section and section 37 . Section 36(2) An international arbitration award shall be recognised as binding and enforced in accordance to the provisions of the New York Convention or any other convention to which Kenya is signatory and relating to arbitral awards. Section 36(3)(a) the original arbitral award or a duly certified copy of it; and Section 36(3)(b) the original arbitration agreement or a duly certified copy of it. Section 36(4) If the arbitral award or arbitration agreement is not made in the English language, the party shall furnish a duly certified translation of it into the English language. Section 36(5) In this section. the expression "New York Convention" means the Convention on the Recognition and Enforcement of Foreign Arbitral Awards adopted by the United Nations General Assembly in New York on the 10th June, 1958, and acceded to by Kenya on the 10th February, 1989, with a reciprocity reservation. [Act No. 11 of 2009 , s. 27.]

Section 37. Grounds for refusal of recognition or enforcement Section 37(1)(a) a party to the arbitration agreement was under some incapacity; or Section 37(1)(a)(i) a party to the arbitration agreement was under some incapacity; or Section 37(1)(a)(ii) the arbitration agreement is not valid under the law to which the parties have subjected it or, failing any indication of that law, under the law of the state where the arbitral award was made; Section 37(1)(a)(iii) the party against whom the arbitral award is invoked was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present his case; or Section 37(1)(a)(iv) the arbitral award deals with a dispute not contemplated by or not falling within the terms of the reference to arbitration , or it contains decisions on matters beyond the scope of the reference to arbitration , provided that if the decisions on matters referred to arbitration can be separated from those not so referred, that part of the arbitral award which contains decisions on matters referred to arbitration may be recognised and enforced; or Section 37(1)(a)(v) the composition of the arbitral tribunal o...

Section 38. Effect of bankruptcy on agreement to settle differences byarbitration Section 38(1)(a) it is provided by a term in a contract to which a bankrupt is a party that any differences arising out of or in connection with the contract are to be referred to arbitration ; and Section 38(1)(b) the bankruptcy trustee adopts the contract, Section 38(2)(a) a person who has been adjudged bankrupt had, before the commencement of the bankruptcy, become a party to an arbitration agreement ; Section 38(2)(b) any matter to which the agreement applies requires to be determined in connection with or for the purposes of the bankruptcy proceedings; and Section 38(2)(c) the case is one to which subsection (1) does not apply. Section 38(3)(a) if there is no creditors' committee, the bankruptcy trustee; or Section 38(3)(b) if there is a creditors' committee, the bankruptcy trustee with the consent of the creditors' committee, may apply to the High Court for an order directing the relevant matter to be referred to arbitration in accordance with the agreement. Section 38(4) On the hearing of an application made under subsection (3), the High Court may, if of the opinion that that matter ought to b...

Section 39. Questions of law arising in domesticarbitration Section 39(1)(a) an application by any party may be made to a court to determine any question of law arising in the course of the arbitration ; or Section 39(1)(b) an appeal by any party may be made to a court on any question of law arising out of the award, such application or appeal, as the case may be, may be made to the High Court. Section 39(2)(a) determine the question of law arising; Section 39(2)(b) confirm, vary or set aside the arbitral award or remit the matter to the arbitral tribunal for re-consideration or, where another arbitral tribunal has been appointed, to that arbitral tribunal for consideration. Section 39(3)(a) if the parties have so agreed that an appeal shall lie prior to the delivery of the arbitral award ; or Section 39(3)(b) the Court of Appeal, being of the opinion that a point of law of general importance is involved the determination of which will substantially affect the rights of one or more of the parties, grants leave to appeal, and on such appeal the Court of Appeal may exercise any of the powers which the High Court could have exercised under subsection (2). Section 39(4) An application...

Section 40. Rules Section the recognition and enforcement of arbitral awards and all proceedings consequent thereon or incidental thereto;

Section 41. Government to be bound Section This Act shall bind the Government.