Arbitration Rules, 2020

Introduction

The Kenyan branch of the Chartered Institute of Arbitrators (CIArb) recently unveiled its revised Arbitration Rules, 2020 (the Rules). The Rules came into force on 1 October 2020 and will apply to all cases registered after this date. The Rules provide a more comprehensive set of procedural rules as compared to the 2012 Arbitration Rules which it repeals.

We highlight below the most significant changes brought to domestic arbitration, by the Rules, as well as the key issues to look out for when drafting arbitration clauses in contracts.

a) Model arbitration clause

The Rules provide for a model arbitration clause that parties who desire to arbitrate may insert into their agreements. It is not mandatory to use the clause but it does provides useful guidance.