KENYA 8

High Court of Kenya, Nairobi, Commercial & Tax
Division, Milimani, 15 July 2019

Royal Exchange PLC v. Patrick Nyaemba Tumbo

15 - 07 - 2019

KENYA 8

Yearbook Yearbook Commercial Arbitration, S. W. Schill (ed.), Vol. XLV (2020)
Jurisdiction Kenya
Original full text Full text decision KENYA 8
Summary

High Court of Kenya, Nairobi, Commercial & Tax 
Division, Milimani, 15 July 2019
Royal Exchange PLC v. Patrick Nyaemba Tumbo

Related topics
301

The court discusses the principle that the procedure for the enforcement of awards under the Convention is governed by the lex fori, as well as procedural issues (such as the competent enforcement court) not falling under the specific cases of ¶¶ 302-307.

Procedure for enforcement in general
509

Due process: The court discusses what constitutes “proper notice” of the appointment of the arbitrators or of the arbitration proceedings.

"Proper notice"
516

Award not binding, suspended or set aside: The court discusses the difference between the exclusive jurisdiction to set aside an award (primary jurisdiction), which belongs to the courts of the country of origin of the award, and the jurisdiction of all other courts to recognize and enforce the award (secondary jurisdiction); issues relating to the determination of the “competent authority”; and whether an award that has been set aside in the country of origin can be enforced in another State under the Convention.

"Set aside"
518

Public policy: The court discusses the meaning of (international as compared to domestic) public policy, generally defined as the basic notions of morality and justice of the enforcement State.

Paragraph 2 - Distinction domestic-international public policy
523

Public policy: The court discusses alleged violations of a fundamental rule of due process in the arbitration on the recognition and enforcement of an arbitral award, including the failure to communicate the names of the arbitrators, the failure to send copies of reports or letters filed in the arbitration, etc.

Irregularities in the arbitral procedure (see also Art. V(1)(b))
KENYA 8