The right of appeal under section 35 of the arbitration act in Kenya: an analysis of the supreme court decisionin nyutu agrovet v airtel networks (2019)

Date
2021-03
Authors
SEBAYIGA, VIANNEY
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Publisher
Strathmore University
Abstract
An arbitral award is final and binding on the parties but may be set aside for failure to adhere to due process requirements. Section 35 of the 1995 Arbitration Act (the Act hereinafter) provides grounds for setting aside an arbitral award by the High Court. It does not state whether decisions of the High Court on setting aside an arbitral award are final. Similarly, the said section does not expressly state that a decision thereunder is not subject to appeal. This ambiguity has led to uncertainty among lower courts.
Description
Arbitration is a private consensual process where parties in dispute present their grievance to a third party for resolution.1A neutral third party(an arbitrator) is appointed by the parties or an appointing authority to determine the dispute and give a final and binding award.2 Arbitration is preferred over litigation because of the finality of the outcome. Additionally, the arbitral process is flexible and is determined by the parties. This reflects the principle of party autonomy which allows parties to tailor the process to meet their needs. Furthermore, arbitration boosts of limited court intervention which leads to the speedy resolution of disputes.
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