EPCO Builders v Kenya Bureau of Standards
EPCO Builders v Kenya Bureau of Standards [2017] KEHC 2182 (KLR)
The court found that while the arbitrator relied on trade usage to determine the appropriate profit margin for loss of profit, this did not amount to a breach of section 25(4) of the Arbitration Act. The arbitrator, as a competent professional chosen by the parties, was entitled to apply his knowledge of trade usage, especially where such usage is sufficiently notorious to be judicially noticed under section 60 of the Evidence Act. The applicant did not demonstrate that the trade usage applied was erroneous or unjustified, nor that the arbitrator's reliance on it was inconsistent with public…
Source excerpt
- Arbitration Award Challenge
- Public Policy Exception
- Trade Usage In Contracts
- Loss Of Profit Claims