Cross-border disputes are ever more significant in international business. International arbitration has increasingly become the preferred method of resolving such disputes, offering the benefits of greater flexibility, confidentiality and crucially, more prospects for enforcement, than national court-based litigation.
Our lawyers in Kenya have experience in conducting international arbitration, including: acting as counsel, appearing as industry experts or sitting as an arbitrator under all the major institutional and procedural rules.
Experience has included advising:
- The Kenyan government in a USD2.5 billion claim at the International Centre for Settlement of Investment Disputes (ICSID) against Cortec Mining Kenya Limited, Cortec (Pty) Limited and Stirling Capital Limited v. Republic of Kenya (ICSID Case No. ARB/15/29) arbitration brought by an investor in the mining sector.
- Part of the team advising the London Court of International Arbitration (LCIA), on employment-related questions. The tribunal requires an independent expert opinion on the matters in question and we are currently involved in the preparation of the expert and supplementary reports on the legal position in Kenya.