[2005] KEHC 1809 (KLR)

[2005] KEHC 1809 (KLR)

The court found that the arbitrator failed to comply with the parties' arbitration agreement by not providing a written record of the proceedings, despite the agreement that such records would be kept and made available. This amounted to a procedural irregularity and misconduct under Section 35(2)(a)(v) of the...

Source-derived case information.

Citation
[2005] KEHC 1809 (KLR)
Parties
Applicant: Siginon Maritime Ltd; Respondent: Gitutho Associates & Others
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Judgment Date
28 July 2005
Case Number
? 719 of 2004
Procedural Posture
Miscellaneous Application / Ruling on Application to Set Aside Arbitral Award
Outcome
application to set aside arbitral award granted; award set aside; respondent's application for recognition dismissed
Legal Topics
Setting Aside Arbitral Award, Arbitrator Misconduct, Arbitration Agreement Compliance, Construction Contracts
Source Language
english
Alternative Dispute Resolution Commercial and Corporate Setting Aside Arbitral Award Arbitrator Misconduct Arbitration Agreement Compliance Construction Contracts

Source-derived case record

Summary, issues, holding and outcome

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Parties

Siginon Maritime Ltd

Applicant

Gitutho Associates & Others

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application to Set Aside Arbitral Award

Legal Issues

  1. 1 Whether the arbitrator's failure to provide a written record of proceedings constituted misconduct and a breach of the arbitration agreement.
  2. 2 Whether the arbitrator conducted the proceedings in accordance with the parties' arbitration agreement, specifically under the Architects and Quantity Surveyors Act (Cap 525).
  3. 3 Whether the application to set aside the award was filed within the statutory time limit under Section 35 of the Arbitration Act.

Ratio Decidendi

The court found that the arbitrator failed to comply with the parties' arbitration agreement by not providing a written record of the proceedings, despite the agreement that such records would be kept and made available. This amounted to a procedural irregularity and misconduct under Section 35(2)(a)(v) of the Arbitration Act. Furthermore, the arbitrator conducted the proceedings under the rules of the Chartered Institute of Arbitrators (Kenya) Branch, rather than under the Architects and Quantity Surveyors Act (Cap 525) as expressly agreed by the parties. The court held that these deviations from the agreed procedure justified setting aside the award. The application to set aside was...

Court Disposition

application to set aside arbitral award granted; award set aside; respondent's application for recognition dismissed

Orders

  • The arbitral award dated 4th February 2004 is set aside.
  • The respondent's application dated 13th September 2004 for recognition of the award is dismissed.