What is the difference between Section 9 and Section 17 of Arbitration Act?

But, the 2015 amendment ensures that the powers of the arbitral tribunal under Section 17 are aligned with the powers of the court under Section 9 of the act, the tribunal is empowered to grant all measures which can be granted by under section 9(1) of the act.

What are the rules of arbitration?

Every arbitrator must be and remain impartial and independent of the parties involved in the arbitration. Before appointment or confirmation, a prospective arbitrator shall sign a statement of acceptance, availability, impartiality and independence.

How much is an arbitrator paid in Kenya?

Arbitrators fee A non-refundable registration fee to be advised by the Centre at the time of filing the request with a maximum of Kenya Shillings (KES) 10,000 is payable by the party initiating Arbitration. Hourly rate to be advised by the Centre at the time of filing the request with a maximum of KES 25,000 per Hour.

What is a Section 9 order?

Section 9. Interim measures, etc., by Court. Previous Next. 1[(1)] A party may, before or during arbitral proceedings or at any time after the making of the arbitral award but before it is enforced in accordance with section 36, apply to a court—

When interim measures of protection are ordered by court under Section 9 arbitral proceedings shall be commenced within days of the order?

After the amendment of the Act in 2015, Sub-Clause (2) of 9 of the Act makes it clear that whenever interim orders passed under Section 9(1) of the Act, the arbitral Proceedings shall be commenced within 90 days from the date of such order or within such further time as the Court may determine.

When can Section 9 of the Arbitration Act be invoked?

Section 9(1) of the Arbitration Act enables a party to an arbitration agreement to apply to a court for interim measures of protection before or during the arbitral proceedings, or at any time after an award is made and published, but before the award is enforced in accordance with Section 36 of the Arbitration Act.

How much are mediators paid in Kenya?

The sum to be charged on mediator’s fee for time spent in mediation above three (3) hours in a day shall be on a pro rata hourly basis at the rate of KES 5,000/= per hour.

Can arbitrator freeze bank accounts?

No on the basis of the arbitral award your account can not be freezed. The same can only be freezed in execution of the arbitral award.

What is the remedy against arbitration award?

there’s no provision for appeal against an arbitrational award and it’s final and binding between the parties. However, an aggrieved party could take recourse to a law court for setting aside the arbitration award on bound grounds per Section thirty-four of the Arbitration and Conciliation Act, 1996.