The following Arbitration practice note provides comprehensive and up to date legal information covering:
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The Getting the Deal Through (GtDT) guide for Kenya is presented in Q&A format. The questions are set out below. The guide for 2019 can be accessed here:
This guide, published by Getting the Deal Through, provides an introduction to arbitration in Kenya covering the following topics:
laws and institutions, including:
is your country a contracting state to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards? Since when has the Convention been in force? Were any declarations or notifications made under articles I, X and XI of the Convention? What other multilateral conventions relating to international commercial and investment arbitration is your country a party to?
do bilateral investment treaties exist with other countries?
what are the primary domestic sources of law relating to domestic and foreign arbitral proceedings, and recognition and enforcement of awards?
is your domestic arbitration law based on the UNCITRAL Model Law? What are the major differences between your domestic arbitration law and the UNCITRAL Model Law?
what are the mandatory domestic arbitration law provisions on procedure from which parties may not deviate?
is there any rule in your domestic arbitration law that provides the arbitral tribunal with guidance as to which substantive law to apply to
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