KENYA 10

High Court of Kenya, Nairobi, Milimani Commercial and Tax Division, 6 November 2020, Misc. Civil Case No 65 of 2018

(SGS Kenya Limited v. Tracer Limited)

06 - 11 - 2020

KENYA 10

Yearbook Yearbook Commercial Arbitration, S. W. Schill (ed.), Vol. XLVII (2022)

Jurisdiction Kenya

Original full text Full text decision KENYA 10

Excerpt Excerpt decision KENYA 10

Summary

The Court enforced an ICC award rendered in Paris, holding that the sole arbitrator did not decide beyond the terms of reference and, contrary to the defendant’s allegation, did not admit electronic evidence that had been illegally obtained.

Related topics

500

The court discusses the overall scheme and/or pro-enforcement bias of the Convention.

Grounds for refusal of enforcement in general

512 Ground c: Excess by arbitrator of his authority - Excess of authority

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"

524

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.

Other cases

KENYA 10