- You are here:
- Home
- Court Decisions
- KENYA 9
KENYA 9
High Court of Kenya, Nairobi, Milimani Commercial and Tax Division, 7 September 2020, Miscellaneous Cause No E517 of 2019
(Federica Martina Ferro v. Gabriella Zouras Ferro)
KENYA 9
The High Court granted recognition and enforcement of an award of the Milan Chamber of Arbitration, finding that the applicant had submitted the necessary documents, that the award was final, and that the recognition and enforcement of the award would not be contrary to Kenyan public policy, which was to be interpreted narrowly; rather, it would be in line with the Kenyan public policy to promote dispute resolution by way of arbitration. The Court referred to the doctrine of competence-competence, noting that it was accepted in Kenyan jurisprudence and codified in the 1995 Kenyan Arbitration Act.
The court discusses the general conditions the Convention imposes on a petitioner for seeking recognition and enforcement of an arbitral award – namely, the submission of the original arbitration agreement or arbitral award or a certified copy thereof – and examines in general whether these conditions were complied in the case at issue.
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.
Public policy: The court discusses the effect of other alleged violations of public policy on the recognition and enforcement of an arbitral award, such as contradictory reasons, manifest disregard of the law (US), etc.