You need to login to view the following contents. Please Login. Not a Member? Join Us

A

Arbitratorailed to dismiss time-barred arbitration; matter remitted for a definitive ruling under section 3 of the Limitation Act. urisdictional preliminary objection; Law of Limitation Act s.3; dismissal versus declaration of lack of jurisdiction; competence of tribunal
ecisions; remittance to arbitrator

— Arbitration -Application for stay of proceedings pending reference to arbitration – Application to be made before filing a written statement ofdefence or taking any other step in the proceedings. Civil Practice and Procedure — Applications -Application for stay of proceedings pending reference to arbitration – Application for stay is followed by an oral application by the other party – Whether Court may entertain the oral application Natural Justice – Application for stay of proceedings is followed by an oral application by the respondent — Appellant constrained from effectively taking part in the oral application by respondent — Effect of participation by appellant in the oral application made by respondent

— Arbitration -Application for stay of proceedings pending reference to arbitration – Application to be made before filing a written statement ofdefence or taking any other step in the proceedings. Civil Practice and Procedure — Applications -Application for stay of proceedings pending reference to arbitration – Application for stay is followed by an oral application by the other party – Whether Court may entertain the oral application Natural Justice – Application for stay of proceedings is followed by an oral application by the respondent — Appellant constrained from effectively taking part in the oral application by respondent — Effect of participation by appellant in the oral application made by respondent

APPLICATION FOR STAY OF PROCEEDINGS PENDING REFERENCE TO ARBITRATION

ARBITRATORS CANNOT DRAW INTO THE PROCEEDINGS UNWILLING THIRD PARTIES

ALTERNATIVE DISPUTES RESOLUTION, NOTICE MEDIATION, WHETHER NOTICE OF MEDIATION MAY BE A BASIS FOR ENTERING A DEFAULT JUDGEMENT

ARBITRATION CLAUSE, ARBITRATION CLAUSE OUSTING JURISDICTION OF COURTS, WHETHER AN ARBITRATION CLAUSE CAN OPERATE TO OUST JURISDICTION OF THE COURTS

ARBITRATION, ARBITRATION CALUSE IN A CONTRACT, WHETHER SUCH ARBITARTION CLAUSE CAN OPERATE TO OUST JURISDICTION OF THE COURTS

ARBITRATOR MUST ACT WITHIN THE PARAMETER OF THE ARBITRATION AGREEMENT-OTHERWISE HE WOULD LACK JURISDICTION

B

C

Contract – Freedom of contract – Parties to a contract are free to choose the law that should govern their contract. Contract — Arbitration clause — Arbitration clause ousting jurisdiction of Courts – Whether an arbitration clause can operate to oust jurisdiction of the Courts – Section 18 of the Civil Procedure Code, 1966 Arbitration – Arbitration clause in a contract — Whether such an arbitration clause can operate to oust the jurisdiction of the Courts. Civil practice and procedure – Preliminary point of objection – Parties subjecting themselves exclusively to the jurisdiction of the Kenya Courts – Objection to Tanzania Courts ’ having jurisdiction – Whether such objection can be sustained

Contract – Freedom of contract – Parties to a contract are free to choose the law that should govern their contract. Contract — Arbitration clause — Arbitration clause ousting jurisdiction of Courts – Whether an arbitration clause can operate to oust jurisdiction of the Courts – Section 18 of the Civil Procedure Code, 1966 Arbitration – Arbitration clause in a contract — Whether such an arbitration clause can operate to oust the jurisdiction of the Courts. Civil practice and procedure – Preliminary point of objection – Parties subjecting themselves exclusively to the jurisdiction of the Kenya Courts – Objection to Tanzania Courts ’ having jurisdiction – Whether such objection can be sustained. Civil practice and procedure — Preliminary point of objection — Party filing a suit in defiance of an arbitration clause – Objection as to competence of such suit -Whether such objection can be sustained. Civil practice and procedure – Arbitration – Arbitration clause in a contract – Whether such an arbitration clause can operate to oust the jurisdiction of the Courts. Civil practice and procedure – Arbitration clause – Party filing a suit in court in defiance of an arbitration clause – Remedy open to the other party — To apply for a stay of proceedings

CONTRACT REQUIRING ALL MATTERS REFERRED TO ARBITRATION TO BE REFERRED FIRST TO ENGINEER, MATTERS REFERRED TO ARBITRATOR WITHOUT FIRST REFERRING THEM TO ENGINEER

D

departure from prescribed scale requires reasons — Rule 48 (one‑sixth rule) — taxing officer’s discretion — computation error — virtual hearing attendance costs.

DEFINITION OF OPINION

E

Enforcement of foreign arbitral award; correction of clerical/typographical errors under slip rule; jurisdiction despite pending appeal; functus officio exception; res subjudice inapplicable absent parallel relief.

enforcement of arbitration clause by preliminary objection; Kompetenz‑Kompetenz — arbitral tribunal to decide substantive jurisdiction; stay and referral to arbitration in winding‑up context; curing defective arbitration clause; waiver and procedural timing under Arbitration Act.

Extension of time to challenge arbitral award — Application under Limitation Act sections 14 and 21(2) — Lyamuya criteria (accounting for delay, inordinate delay, diligence, other sufficient reasons) — Illegality apparent on face of record (Arbitration Act s.59(2)(c) — seat of arbitration) can constitute good cause — Court will not determine substantive merits in extension application.

Extension of time to challenge arbitral award; discretion guided by Mbogo factors; illegality must be apparent on the face of the record to justify extension; alleged excess of tribunal’s mandate (dividends and director’s remuneration) held argumentative, not manifest illegality; applicant’s lack of diligence fatal.

enforcement of arbitration agreement – preliminary objection to jurisdiction – pending arbitration renders court suit incompetent – non‑cooperation does not terminate arbitration

F

FAILURE BY THE MEDIATOR TO GIVE OPINION-ARBITRATOR LACKS JURISDICTION

E

G

GENERALLY AN ARBITRATION AGREEMENT BIND THE PARTIES TO THE AGREEMENT

H

I

J

K

L

LIMITATION OF TIME TO SET ASIDE ARBITRATION AWARD

M

N

O

ORAL APPLICATION TO THE STAY OF PROCEEDINGS

OBJECTION TO THE JURISDICTION OF ABITRATOR, PARTY NOT REGISTERING PROTEST TO THE JURISDICTION OF ARBITRATOR AND TAKING PART IN ARBITRATION PROCEEDINGS

P

PARTIES TO SUBMIT MATTER TO ARBITRATION

PETITION TO SET ASIDE ARBITRATION AWARD

POWERS OF THE HIGH COURT TO SET ASIDE THE ARBITRATOR AWARD

POWERS OF THE HIGH COURT TO ORDER FOR A RE-ARBITRATION

Q

R

Regulation 51(4)–(7) GN No.146/2021 — Section 73 — registration and enforcement of arbitral awards as court judgments — filing vs registration — summary judgment procedure — redundancy and striking out — consolidation refused.

REMEDY TO THE THIRD PARTY WHO WAS NOT A PARTY TO THE ARBITRATION BUT FEELS AFFCTED BY THE FINAL ARBITRAL AWARD

S

Stay of proceedings under section 15 Arbitration Act — Mandatory stay unless agreement is null, inoperative or incapable of performance; Kompetenz‑Kompetenz — arbitrator’s priority on substantive jurisdiction; Distinction between section 14 (referral) and section 15 (stay); Party autonomy; Waiver and estoppel in arbitration context; Non‑signatory parties and arbitrability.

STATUS OF AN AWARD WHICH IS PASSED WHILE AFFECT THE RIGHTS OF A THIRD PARTY WITHOUT HIM BEING INVOLVED IN THE PROCEEDINGS

STATUTORY PROVISIONS PRESCRIBING SPECIAL CONDITIONS TO BE OBSERVED IN INSTITUTING LEGAL PROCEEDINGS AGAINST DEFENDANT, WHWTHER THE CONDITIONS SIMILARLY APPLY TO ARBITRATION PROCEEDS

T

THIRD PARTY WHO NOT EVEN A PARTY TO THE ARBITRATION CAN CONTEST THE AWARD

THE REGISTRATION OF THE ARBITRAL AWARD

U

V

W

WHETHER COURT BOUND TO REFER MATTER TO ARBITRATION IN CASE OF DISPUTE

WHETHER SUBMISSION OF A SUIT TO ARBITRATION CAN BE TAKEN AND DECIDED AS PRELIMINARY OBJECTION

Y

Z