an Appointing Authority.
(rule 20) as well as, an estimate of the costs contract running concurrently.
of the process once an arbitral or mediation
Administration of disputes under the process is initiated (First schedule).
The First schedule to the Rules also provide
NCIA Arbitration (2015) rules is
guidelines for the fees and costs of the
therefore, a value addition service ensuring Furthermore, Rule 28 and Rule 10 provide Tribunal, enabling the Counsel to advise
systematic management of disputes, parties with guidelines on appointment Clients on the requisite reserve provisions
thus enhancing efficiency in dispute of Emergency Arbitrators and expedited necessary to settle the tribunal’s fees and
management processes.
formation of tribunals to address any need costs. Furthermore on cost management,
for urgent relief by the Parties. This is NCIA collects funds on trust for both
Versatility of the NCIA Arbitration necessary for parties seeking interim relief parties guaranteeing accountability of
(2015) rules enable the parties to attempt through an arbitral process and further the sums deposited through provision of
amicable settlement through mediation require an expedited process that will statements upon conclusion of the dispute.
despite initiating Arbitration proceedings ensure conclusion of the dispute within 6
as provided under Rule 32 of the NCIA months of its commencement.
Currently, the administrative tasks are
Arbitration Rules which allow for the
undertaken by qualified staff in the Case
reference of the dispute to mediation, Being independent of both parties, Management Department on behalf of the
suspending the arbitration, whilst ensuring appointment services by NCIA provide tribunal and parties ensuring that disputes
that the reference is done in a timely and a just framework for selection and are efficiently and cost effectively managed
cost effective manner.
appointment of tribunals from the elite for the benefit of all parties including
list managed by the Centre ensuring that counsel.
Further, the versatile nature of the NCIA the selected tribunal has the requisite
Arbitration (2015) rules allow parties qualification and competence to undertake In conclusion, administration of disputes
to choose the time limited “MEDARB” the dispute process. NCIA as a general under the NCIA Arbitration (2015) Rules
clause which require parties to initiate rule also requires Arbitrators to guarantee provides parties and counsel the guarantee
mediation before referring the dispute for their availability, impartiality and lack of of a process that is expedited, efficiently
Arbitration.
conflict prior to appointment, ensuring managed and cost effective and access to a
that disputes are resolved in a timely panel of renowned Arbitration practitioners.
Cost effectiveness and efficiency of the manner.
Arbitral process is safeguarded by the
NCIA Arbitration (2015) rules (Rule 6, A unique feature of the Arbitration rules Wachia Kilei is a Senior Case Counsel at the
7,11and 14) which provide set timelines is rule 20 which provides parties with Nairobi Centre for International Arbitration
and procedures for appointment of the right to apply for consolidation of (NCIA). You can engage her on this or related
tribunals, exchange of pleadings, challenge disputes into one. This provision is critical matters via mail at: [email protected].
of tribunal, default provisions for seat (rule for parties seeking to consolidate claims
18), applicable law (rule 19) and language arising from the same cause of action and
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