[2023] KEHC 4090 (KLR)

[2023] KEHC 4090 (KLR)

The court found that the Value-Added Partner Agreement dated 14th November 2020 contained a valid and operative arbitration clause. There was no evidence that the arbitration agreement was null, void, inoperative, or incapable of being performed. The parties' intention was to resolve disputes through arbitration, thereby ousting the court's jurisdiction in such matters. The court emphasized the constitutional and statutory mandate to promote alternative dispute resolution. The court recommended that the parties first attempt to resolve the dispute amicably. If amicable settlement fails, the applicant is to approach the chairman of the Chartered Institute of Arbitrators to appoint an...

Citation
[2023] KEHC 4090 (KLR)
Parties
Applicant: Devris Solutions Ltd; Respondent: Craft Silicon Ltd
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
8 May 2023
Case Number
Civil Miscellaneous Application E613 of 2022
Procedural Posture
Miscellaneous Application / Ruling on Application to Appoint Arbitrator
Outcome
Application allowed with directions.
Judges
AN Ongeri
Legal Topics
Arbitration Agreements, Appointment of Arbitrator, Contractual Disputes
Source Language
English
Commercial and Corporate Alternative Dispute Resolution Arbitration Agreements Appointment of Arbitrator Contractual Disputes

Case Brief

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Parties

Devris Solutions Ltd

Applicant

Craft Silicon Ltd

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application to Appoint Arbitrator

Legal Issues

  1. 1 Whether the dispute between the parties should be referred to arbitration as per the agreement.
  2. 2 Whether the court should appoint an arbitrator or vest authority in the chairman of the Chartered Institute of Arbitrators.
  3. 3 Whether the arbitration agreement is null, void, inoperative, or incapable of being performed.

Ratio Decidendi

The court found that the Value-Added Partner Agreement dated 14th November 2020 contained a valid and operative arbitration clause. There was no evidence that the arbitration agreement was null, void, inoperative, or incapable of being performed. The parties' intention was to resolve disputes through arbitration, thereby ousting the court's jurisdiction in such matters. The court emphasized the constitutional and statutory mandate to promote alternative dispute resolution. The court recommended that the parties first attempt to resolve the dispute amicably. If amicable settlement fails, the applicant is to approach the chairman of the Chartered Institute of Arbitrators to appoint an...

Court Disposition

Application allowed with directions.

Orders

  • Parties are to attempt to resolve the dispute amicably first.
  • If amicable settlement fails, the applicant may approach the chairman of the Chartered Institute of Arbitrators to appoint an arbitrator.