these features through provision of
independent institutional support. How is arbitration commen-
ced?
The NCIA (mediation) Rules 2015
on the other hand were issued on 18th
September 2015. The Rules provide for
an effective method for appointment of
a mediator whilst respecting the parties’
self-determination
throughout
the
process. Recognizing the need for an
expeditious process, the Rules limit the
period for mediation to 90 days from the
date of commencement. NCIA provides
institutional support to the mediation
process including physical facilities at the
request of parties at competitive terms. A party seeking to submit a dispute to
arbitration must submit a request for
arbitration to the Registrar. The request
must contain all the requirements of Rule
5 of the Rules and be accompanied by
payment of Registration fees as prescribed
in the first schedule. Careful attention
should be given to the requirements
to be contained in the request as these
will be important in determination of
commencement of the arbitration and
minimize delays.
NCIA (Arbitration) Rules
2015 When is arbitration commen-
ced?
What are the NCIA
(Arbitration) Rules 2015? Arbitration is deemed to commence on
the date on which the complete request
for arbitration is received by the Registrar.
An incomplete request will not be valid
and the arbitration shall be consideredas
not having been commenced until the
requirements are met.
NCIA administers domestic and
international arbitration applying the
NCIA (Arbitration) Rules 2015. The rules
became effective from 24th December
2015. These rules provide a reliable and
predictable procedure to administer
disputes referred to the NCIA by parties.
When do the NCIA (Arbitr-
ation) Rules 2015 apply to a
dispute?
NCIA Rules shall apply to disputes
where the arbitration agreement provides
for arbitration under these rules. The
agreement may have been
entered before or after
the dispute arises.
When should the response to
the request be filed?
A response to the request is filed by a
respondent within 30 days of receipt of
the request for arbitration. The Centre
The NCIA offers a
neutral venue for the
conduct of international
arbitration with comm-
itment to providing
institutional support
to the arbitral process.
In addition the NCIA
caters for domestic
arbitration and other
forms of dispute re-
solution such as me-
diation.
may provide for a lesser period in which
case the response is to be filed as provided
by the Centre. The response must contain
all the requirements of Rule 6 of the rules.
However failure to submit a response
shall not prevent the arbitration from
proceeding. Where a respondent fails to
file a response or to nominate an arbitrator
if required by the arbitration agreement
constitutes an irrevocable waiver of that
party’s right to nominate an arbitrator.
Must the arbitration be held in Nairobi?
No! Arbitrations under the rules may
be held at any venue agreed between
the parties and the arbitral tribunal.
Considerations for the location and a
suitable venue will normally be agreed at
the beginning of the arbitral proceedings.
Parties may request the NCIA to make
arrangements for a venue at their cost.
Adequate
time
should
normally be allowed to
facilitate advance reservations
for a venue.
As a general rule any
information relating to the
arbitration under the arbitration
agreement (s) and an award
made in the arbitration are
confidential and this applies
to the deliberations of the
arbitral tribunal as well.
26 MAL22/18 ISSUE