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)

Simple item page
dc.contributor.authorSEBAYIGA, VIANNEY
dc.date.accessioned2021-12-16T16:00:58Z
dc.date.available2021-12-16T16:00:58Z
dc.date.issued2021-03
dc.descriptionArbitration 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.en_US
dc.description.abstractAn 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.en_US
dc.identifier.urihttp://hdl.handle.net/11071/12324
dc.language.isoen_USen_US
dc.publisherStrathmore Universityen_US
dc.titleThe 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)en_US
dc.typeLearning Objecten_US
Files
Original bundle
Now showing 1 - 1 of 1
Thumbnail Image
Name:
The Right of Appeal under Section 35 of the Kenyan Arbitration Act 1995.pdf
Size:
590.46 KB
Format:
Adobe Portable Document Format
Description:
Download
License bundle
Now showing 1 - 1 of 1
Thumbnail Image
Name:
license.txt
Size:
1.71 KB
Format:
Item-specific license agreed upon to submission
Description:
Download
Collections
LLB Research Projects (2021)