Arbitration is just one form of dispute resolution
and there is a spectrum; before arbitration there
is mediation; before mediation there is concilia-
tion; before conciliation there is negotiation; and
before that there is facilitation, neutral evaluation
etc. A person can choose one or a combination
of any of these processes. If a person is taken
through this process openly they ultimately see
the sense of pursuing this alternative.
One of the key challenges the organization
faces is perception, as this is a market
where there’s a level of negative perception
against alternative dispute resolution with
the main question being who is the Judge?
And how can we trust a private Judge?
Some feel there might be questions of
credibility of those who sit on those
panels.
“We ha ve a code of conduct those who
handle matters under NCIA must
subscribe to, you handle an arbitration
as an arbitrator you comply with these
standards. We have our own panel of
arbitrators and we are growing that;
for you to get onto that panel there is a
rigorous standard that you’re subjected to
and you have to keep up with continuous
professional development and re-
assessments. That’s how we are checking
this perception,” explains Lawrence.
One of the organization’s key stakeholders
is the judiciary, not that it regulates but
the decisions it renders are crucial and it
has actively been nurturing a favorable
arbitration environment in Kenya. Other
jurisdictions are similarly using their
outcomes in the judiciary as a benchmark
of whether they are arbitration friendly or
not. If an investor came to us and found
it difficult to enforce an award because
courts are reluctant to respect arbitration
that would have a negative impact on our
mission. Should we be a self-regulating
market? Maybe, there are different views
but at the end of the policy formulation
this will be clearly outlined.
“In private dispute resolution if at the
end of the day I have a favorable award
and you refuse to honor it, what do I do?
The law in the arbitration act recognizes
the outcome; that if the arbitration award
is not honored I go to court and get
the judgment enforced. So you have a
guarantee; although the process seems to
be private at some point, in an event you
need assistance, law enforcement and the
judiciary comes in. The judiciary itself is
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aligned by mandate of constitution article
159, they become like partners, since they
do not have the capacity to handle all
matters of alternative dispute resolution
they partner with us in what is called the
court panel mediation” he expounds.
One of the greatest milestone the
organization has experienced was in
2016 when they organized the very first
arbitration conference in Nairobi, which
hosted 20 nationalities with an attendance
of about 400 participants. Another
achievement was the fact that they received
their very first case 3 years into existence
which was good because compared with
other centers some of them took 10
years to receive their first case. Another
milestone was establishing a facility, the
first of a kind in Kenya; previously when
you wanted to do an arbitration, you had
to find a hotel but now NCIA is offering
that at a minimal fee.
One of the ways the Nairobi center for
international arbitration accommodates
the millennial is by offering an internship
program especially from the business
NAIROBI CENTRE FOR INTERNATIONAL ARBITRATION
A NEW FRONTIER IN
DISPUTE RESOLUTION
Nairobi Centre for International Arbitration
Co-operative Bank House, Haile Selassie Avenue.
P.O Box 548-00200 Nairobi Kenya.
Tel: +254 (020) 2224029/2240377 Ext: 125/179
www.ncia.or.ke