[2025] KEHC 3359 (KLR)

[2025] KEHC 3359 (KLR)

The court found that the applicant failed to provide any evidence of actual bias, partiality, or misconduct by the arbitrator, Lady Justice (Rtd) Mary Ang’awa. The applicant’s discomfort and dissatisfaction with the arbitrator’s prior judicial record and lack of technical construction expertise did not meet the stringent and objective test for removal under section 13(3) of the Arbitration Act. The parties’ agreement expressly provided for the appointment of an arbitrator who is an advocate of the High Court of Kenya with at least 15 years’ experience, and did not require technical qualifications in construction. The applicant’s failure to participate in the selection process did not...

Citation
[2025] KEHC 3359 (KLR)
Parties
Applicant: Riverpoint Development Limited; Respondent: Giampiero Baldassari
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
17 March 2025
Case Number
Miscellaneous Civil Application E689 of 2024
Procedural Posture
Miscellaneous Application / Ruling on Application to Remove Arbitrator Under Section 17(6) of the Arbitration Act
Outcome
application dismissed with costs to the respondent
Judges
RC Rutto
Legal Topics
Arbitrator Removal, Party Autonomy, Arbitration Agreement Interpretation, Impartiality and Bias, Arbitrator Qualification
Source Language
English
Alternative Dispute Resolution Commercial and Corporate Arbitrator Removal Party Autonomy Arbitration Agreement Interpretation Impartiality and Bias Arbitrator Qualification

Case Brief

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Parties

Riverpoint Development Limited

Applicant

Giampiero Baldassari

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application to Remove Arbitrator Under Section 17(6) of the Arbitration Act

Legal Issues

  1. 1 Whether the court should bar and remove the sole arbitrator, Lady Justice (Rtd) Mary Ang’awa, from hearing and determining the dispute between the parties.
  2. 2 Whether the applicant has demonstrated justifiable grounds for the removal of the arbitrator under the Arbitration Act.
  3. 3 Whether the lack of technical qualifications in construction by the arbitrator is a valid ground for removal.

Ratio Decidendi

The court found that the applicant failed to provide any evidence of actual bias, partiality, or misconduct by the arbitrator, Lady Justice (Rtd) Mary Ang’awa. The applicant’s discomfort and dissatisfaction with the arbitrator’s prior judicial record and lack of technical construction expertise did not meet the stringent and objective test for removal under section 13(3) of the Arbitration Act. The parties’ agreement expressly provided for the appointment of an arbitrator who is an advocate of the High Court of Kenya with at least 15 years’ experience, and did not require technical qualifications in construction. The applicant’s failure to participate in the selection process did not...

Court Disposition

application dismissed with costs to the respondent

Orders

  • The application to bar and remove Lady Justice (Rtd) Mary Ang’awa as arbitrator is dismissed.
  • The costs of the application are awarded to the respondent.