Role of courts in arbitration: a critical analysis of the Kenyan arbitration act no. 4 of 1995

Abstract

The study seeks to critically analyze the role of the court in arbitration in Kenya as provided for under the Arbitration Act No. 4 of 1995. The aim is to determine how the role of the courts in arbitration in Kenya compares with best practices from the selected jurisdictions in the world. The study also seeks to find out whether the role of the courts in arbitration in Kenya is conducive or effective for domestic and international commercial arbitration. Further, it interrogates the question on whether or not; the law and practice on the role of the courts in arbitration in Kenya are to blame for limited utilization of Kenya as a seat for international commercial arbitration. The problem of the study is, thus, to critically analyze the status of the role of the court in arbitration in Kenya, how it ranks in comparison with best practices from the selected jurisdictions, and how the role of court in arbitration impacts on the process and development of arbitration in Kenya. The study is divided into six chapters. Chapter One introduces the key concepts in the study by discussing the role of court in arbitration in general. Chapter Two reviews the role of the courts in arbitration in Kenya as outlined in the arbitration Act No. 4 of 1995. Chapter Three gives an overview of the best practices on the role of the courts in arbitration from three selected jurisdictions of the world. Chapter Four provides a Comparison on the legal gaps on the role of the courts in Arbitration in Kenya vis -a- viz the best practices on the role of the courts in the three selected jurisdictions discussed in chapter three. Chapter Five presents a data analysis and the current status of the role of courts in arbitration in Kenya. Finally, Chapter Six hosts a summary of the key findings of the study, conclusions and recommendations.