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The Arbitration Rules

Legal Notice 58 of 1997

This is the latest version of this Legal Notice.
The Arbitration Rules
Citation
Legal Notice 58 of 1997
Primary work
Arbitration Act
Date
31 December 2022
Language
English
Type
Legal Notice
Original enactment
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LAWS OF KENYA

ARBITRATION ACT

THE ARBITRATION RULES

LEGAL NOTICE 58 OF 1997

  • Published in Kenya Gazette Vol. XCIX—No. 23 on 9 May 1997
  • Commenced on 9 May 1997
  1. [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]
1.These Rules may be cited as the Arbitration Rules.
2.Applications under sections 6 and 7 of the Act shall be made by summons in the suit.
3.
(1)Applications under sections 12, 15, 17, 18, 28 and 39 of the Act shall be made by originating summons made returnable for a fixed date before a Judge in chambers and shall be served on all parties at least fourteen days before the return date.
(2)Any other application arising from an application made under subrule (1) shall be made by summons in the same cause and shall be served on all parties at least seven days before the hearing date.
4.
(1)Any party may file an award in the High Court.
(2)All applications subsequent to filing of an award shall be by summons in the cause in which the award has been filed and shall be served on all parties at least seven days before the hearing date.
(3)If an application in respect of the arbitration has been made under rule 3(1) the award shall be filed in the same cause; otherwise the award shall be given its own serial number in the civil register.
5.The party filing the award shall give notice to all parties of the filing of the award giving the date thereof and the cause number and the registry in which it has been filed and shall file an affidavit of service.
6.If no application to set aside an arbitral award has been made in accordance with section 35 of the Act the party filing the award may apply ex parte by summons for leave to enforce the award as a decree.
7.An application under section 35 of the Act shall be supported by an affidavit specifying the grounds on which the party seeking to set aside the arbitral award and both the application and affidavit shall be served on the other party and the arbitrator.
8.If an order is made under sections 6 and 7 of the Act, the Court may direct by whom the costs of the action are to be borne and may order the arbitrator to include in his award the taxed costs or such sum as the Court may fix in lieu of taxation.
9.An application under section 36 of the Act shall be made by summons in chambers.
10.
(1)The court fees payable on filing an award shall be Sh. 10,000.
(2)All fees for any proceedings under the Act shall be calculated in accordance with the scale of fees applicable to the High Court.
11.So far as is appropriate, the Civil Procedure Rules shall apply to all proceedings under these Rules.
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History of this document

31 December 2022 this version
09 May 1997
Commenced

Cited documents 0

Documents citing this one 17

Judgment 17
1. ATC Kenya Operations Limited v Telkom Kenya Limited (Civil Case E096 of 2022) [2023] KEHC 26183 (KLR) (Commercial and Tax) (30 November 2023) (Ruling) Interpreted 1 citation
2. Zakhem International Construction Limited & another v Oilfields Engineering and Supplies Limited & another; Kenya Pipeline Company Ltd (Intended Interested Party) (Commercial Arbitration Cause E042 & E036 of 2021 (Consolidated)) [2023] KEHC 21842 (KLR) (Commercial and Tax) (31 August 2023) (Ruling) Interpreted 1 citation
3. AIG Kenya Insurance Co. Limited v Vivo Energy Kenya Limited (Arbitration Cause E032 of 2022) [2024] KEHC 11071 (KLR) (Commercial and Tax) (16 September 2024) (Ruling) Cited
4. Automated Entrance Systems Limited v China Railway Construction Engineering Group Ltd; Trademark Africa (Interested Party) (Civil Suit E615 of 2024) [2024] KEHC 15986 (KLR) (Commercial and Tax) (20 December 2024) (Ruling) Cited
5. Candy Kenya Limited v Shantatu & another (Cause E702 of 2023) [2024] KEELRC 1527 (KLR) (14 June 2024) (Ruling) Cited
6. Educor Kenya Limited v Smart Start Kinder Academy Limited (Arbitration Cause E064 of 2023) [2024] KEHC 9866 (KLR) (Commercial and Tax) (25 July 2024) (Ruling) Cited
7. Githaiga v Mogo Auto Limited (Miscellaneous Application E052 of 2024) [2024] KEHC 3253 (KLR) (Commercial and Tax) (20 March 2024) (Ruling) Cited
8. Isat Africa Kenya Limited v Smart Media Colleges Limited (Commercial Arbitration Cause E028 of 2024) [2025] KEHC 2666 (KLR) (Commercial and Tax) (6 March 2025) (Ruling) Interpreted
9. Kairima v Eris Property Developers Ltd & another (Land Case E090 of 2024) [2024] KEELC 6694 (KLR) (23 July 2024) (Ruling) Cited
10. Kenya Utalii College v Unispan Limited (Civil Case E451 of 2024) [2025] KEHC 1341 (KLR) (Commercial and Tax) (3 March 2025) (Ruling) Cited