KENYA 5

29 - 05 - 2012

KENYA 5

Yearbook Yearbook Commercial Arbitration, S. W. Schill (ed.), Vol. XLIV (2019)
Jurisdiction Kenya
Summary

Kenya 5. Foxtrot Charlie Inc (Panama) v. Afrika Aviation Handlers Limited et al., High Court of Kenya, Nairobi, Milimani Commercial Courts, Commercial and Tax Division, Civil Suit 557 of 2004, 29 May 2012

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
500

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

Grounds for refusal of enforcement in general
502

The court discusses the principle that the merits of the award may not be reviewed and that the court may only carry out a limited review of the award to ascertain grounds for refusal.

No re-examination of the merits of the arbitral award
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 5