[2020] KEHC 3537 (KLR)

[2020] KEHC 3537 (KLR)

The court held that the statutory period for challenging an arbitral award under section 35(3) of the Arbitration Act begins to run from the date the parties are notified that the award is ready for collection, not from the date the applicant actually collects the award. The applicant was notified by the arbitrator on 9th October 2019 that the award was ready and collection was set for 11th October 2019. The applicant's failure to promptly collect the award or settle the arbitrator's fees does not extend the statutory period. Even after discounting the period excluded by the Civil Procedure Rules, the application was filed out of time. The court, therefore, lacked jurisdiction to...

Citation
[2020] KEHC 3537 (KLR)
Parties
Applicant: Boleyn Magic Wall Panel Ltd; Respondent: Nesco Services Ltd
Court
High Court
Court Station
High Court at Machakos
Jurisdiction
Kenya
Judgment Date
17 August 2020
Case Number
Civil Suit 16 of 2017
Procedural Posture
Miscellaneous Application / Ruling on Application to Set Aside Arbitral Award
Outcome
application struck out for want of jurisdiction
Judges
GV Odunga
Legal Topics
Arbitration Award Challenge, Jurisdiction of High Court, Limitation Periods, Public Policy in Arbitration
Source Language
English
Civil Procedure Alternative Dispute Resolution Arbitration Award Challenge Jurisdiction of High Court Limitation Periods Public Policy in Arbitration

Case Brief

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Parties

Boleyn Magic Wall Panel Ltd

Applicant

Nesco Services Ltd

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application to Set Aside Arbitral Award

Legal Issues

  1. 1 Whether the application to set aside the arbitral award was filed within the statutory period prescribed by section 35(3) of the Arbitration Act.
  2. 2 Whether the High Court has jurisdiction to entertain an application filed outside the statutory period.
  3. 3 Whether the computation of time for challenging an arbitral award runs from the date of notification of the award's readiness or from the date of actual collection by the applicant.

Ratio Decidendi

The court held that the statutory period for challenging an arbitral award under section 35(3) of the Arbitration Act begins to run from the date the parties are notified that the award is ready for collection, not from the date the applicant actually collects the award. The applicant was notified by the arbitrator on 9th October 2019 that the award was ready and collection was set for 11th October 2019. The applicant's failure to promptly collect the award or settle the arbitrator's fees does not extend the statutory period. Even after discounting the period excluded by the Civil Procedure Rules, the application was filed out of time. The court, therefore, lacked jurisdiction to...

Court Disposition

application struck out for want of jurisdiction

Orders

  • The Notice of Motion dated 18th March 2020 is struck out with costs to the respondent.