Arbitration Act

4. Form of arbitration agreement

Edition: 2022-12-31 · In force

4. Form of arbitration agreement

(1)An arbitration agreement may be in the form of an arbitration clause in a contract or in the form of a separate agreement.

(2)An arbitration agreement shall be in writing.

(3)An arbitration agreement is in writing if it is contained in—

(a)a document signed by the parties;

(b)an exchange of letters, telex, telegram, facsimile, electronic mail or other means of telecommunications which provide a record of the agreement; or

(c)an exchange of statements of claim and defence in which the existence of an agreement is alleged by one party and not denied by the other party.

(4)The reference in a contract to a document containing an arbitration clause shall constitute an arbitration agreement if the contract is in writing and the reference is such as to make that arbitration clause part of the contract.[Act No. 11 of 2009, s. 3.]

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Source: Kenya Law