Arbitration through AAK
Under the Constitution of Kenya, courts and tribunals are guided by the principle that alternative forms of dispute resolution, including arbitration, shall be promoted (Article 159(2)(c)). Arbitration in Kenya is governed by the Arbitration Act (Cap. 49).
Where contract documents or other legal documents empower the President of the Association to nominate an arbitration panel, the President, or in their absence the Vice-President, does so on behalf of the Association, in consultation with the Governing Council (AAK Constitution, clause 17.2).
AAK’s arbitrators
31 members of the Association across its chapters, with their arbitration and dispute resolution credentials. Select a name for the full profile.
Apply for appointment of an arbitrator
Applications to the President for appointment of an arbitrator are made on AAK’s Form SP/1, the statement of particulars, which the Secretariat provides. An arbitration agreement must be in writing: a clause in the contract or a separate agreement (Arbitration Act, s. 4).
Form SP/1 asks for the parties in dispute, the applicant and the other party, the architect, the building works and contract, the dispute and your preferred venue, and for these documents:
- The arbitration agreement, or the contract containing it
- Letter of declaration of dispute
- Letter requesting appointment of arbitrator by parties
- Declaration by the applicant that all matters required to be observed by the parties before applying for appointment have been fulfilled
Requirements
- Both parties must be copied on the email correspondence requesting the appointment.
- The correspondence must state the amount in dispute.
The statement is returned to the Association’s Secretariat together with the appointment fees.
What the law provides
Appointing the arbitrator
The parties are free to agree on a procedure for appointing the arbitrator or arbitrators.
Procedure
Subject to the Act, the parties are free to agree on the procedure the arbitral tribunal follows. Failing agreement, the tribunal may conduct the arbitration in the manner it considers appropriate.
Effect of the award
Except as otherwise agreed by the parties, an arbitral award is final and binding upon the parties to it.
Setting aside
Recourse to the High Court against an award is only by an application to set it aside, on the grounds the Act lists, made within three months of receiving the award.
Enforcement
A domestic arbitral award is recognised as binding and, upon application in writing to the High Court, is enforced.
When the Association is a party
A dispute between the Association and any of its members, or any other persons or organisations, is referred to an arbitration panel of three persons appointed by the Chairman of the Chartered Institute of Arbitrators (Kenya Branch): one an advocate, the other two Corporate Members of the Association.
The law and the rules
Contact the Secretariat
For a nomination under clause 17.2, or a question before applying, write to the Association’s Secretariat.
Email aak@aak.or.ke