Arbitration & ADR, Kenya updates

Party misconduct and escalating arbitration costs: who's to blame?
  • Kenya
  • 27 September 2018

Section 19A of the Arbitration Act was introduced to add statutory clout to party obligations, including the need for expedition during proceedings to minimise unnecessary expenditure. Despite Section 19A's mandate that parties fully cooperate in order to expedite the arbitral process, party misconduct remains an issue. Arbitrators must ensure that all of the minutes and orders for direction, as well as any arbitral awards, reflect the fact that parties can and will be held responsible for any delays in the proceedings.

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