Introduction to the Global Arbitration Review:

In today’s rapidly evolving global business landscape, the resolution of commercial disputes is a critical factor in maintaining efficiency, preserving relationships, and ensuring the continued growth of enterprises. Commercial arbitration has emerged as an invaluable alternative to traditional litigation, offering a confidential, expedited, and cost-effective method of resolving conflicts. we are delighted to present the Kenyan Chapter of the Commercial Arbitration Know-How authored by Managing Partner John M. Ohaga, S.C, Associate Franklin Cheluget and Lawyer Pressy Akinyi.

Exploring the Commercial Arbitration Landscape

The contribution meticulously examines the multifaceted aspects of commercial arbitration, drawing upon the extensive experience and expertise of the legal professionals at TripleOKLaw. Delving into the nuances of this dynamic dispute-resolution mechanism, the paper provides a comprehensive analysis of its advantages, procedural considerations, and practical implications.

1. Understanding Commercial Arbitration: The paper begins by elucidating the fundamental principles and concepts of commercial arbitration. It explains how this alternative dispute resolution method empowers parties to tailor their arbitration proceedings, allowing for greater flexibility and customization.

2. Efficiency and Cost-Effectiveness: One of the key merits of commercial arbitration is its ability to deliver efficient and cost-effective dispute resolution. This research paper examines the various factors that contribute to these advantages, such as the ability to select arbitrators with specific expertise, streamlined procedures, and the avoidance of protracted court battles.

3. Confidentiality and Privacy: Commercial disputes often involve sensitive information and business strategies that parties wish to keep confidential. The research paper explores how commercial arbitration provides a private and confidential setting for resolving disputes and safeguarding sensitive information from public disclosure.

4. International Commercial Arbitration: With the globalization of businesses, cross-border disputes have become increasingly common. The research paper highlights the role of commercial arbitration in the international context, examining its enforceability, recognition, and influence of international conventions.

5. Enforceability of Arbitral Awards: A crucial aspect of any dispute resolution method is the enforceability of the final decision. The paper sheds light on the enforceability of arbitral awards, both domestically and internationally, and discusses the mechanisms available for parties to ensure compliance.

The Kenyan chapter is an extract from GAR’s Commercial Arbitration Know-how. The whole publication is available at https://globalarbitrationreview.com/insight/know-how/commercial-arbitration