Arbitration Act

15. Failure or impossibility to act

Edition: 2022-12-31 · In force

15. Failure or impossibility to act

(1)The mandate of an arbitrator shall terminate if—

(a)he is unable to perform the functions of his office or for any other reason fails to conduct the proceedings properly and with reasonable dispatch; or

(b)he withdraws from his office; or

(c)the parties agree in writing to the termination of the mandate.

(2)If there is any dispute concerning any of the grounds referred to in subsection (1)(a), a party may apply to the High Court to decide on the termination of the mandate.

(3)A decision of the High Court under subsection (2) shall be final and shall not be subject to appeal.

(4)Where under this section or section 14(2), an arbitrator withdraws from his office or a party agrees to the termination of the mandate of an arbitrator, that shall not imply acceptance of the validity of any ground referred to in this section or section 16(3).[Act No. 11 of 2009, s. 11.]

← Previous provision Next provision →

Source: Kenya Law