ADVOKS GLOBAL · KENYA
The Civil Procedure (Court-Annexed Mediation) Rules
51. Adoption and enforcement of international private settlement agreements
Edition: 2022-12-31 · In force
51. Adoption and enforcement of international private settlement agreements
(1)Subject to the provisions of this Part, an international private settlement agreement may be registered and enforced under this Part.(2)For purposes of these Rules, an agreement will be regarded as an international private settlement agreement if—(a)the dispute that is the subject of the agreement was between parties who are nationals of more than one country;(b)where the dispute was between bodies corporate, the parties are incorporated in more than one country or central management and control of the parties is exercised in different countries;(c)the subject matter of the dispute is situate in a country other than the country of origin of the parties or any of them, or the country where the mediation proceedings are conducted or agreement concluded; or(d)the private settlement agreement is presented for registration and enforcement in a country other than the country of origin of the parties, or the country where the subject matter is situate, or the country where the mediation proceedings were conducted or private settlement agreement concluded.(3)An international private settlement agreement shall not be registered under these Rules unless—(a)it is valid under Kenyan or international law and the law of the country where the mediation proceedings took place or the country where the private settlement agreement was concluded and executed;(b)it meets the requirements of rule 46;(c)either of the parties is a Kenyan or ordinarily resident in Kenya, or the subject matter is situate in Kenya, or the mediation proceedings were conducted and private settlement agreement concluded in Kenya, or the enforcement of the private settlement agreement is expected to be conducted in Kenya; and(d)the mediation was conducted by a qualified mediator under these Rules:Provided that where the mediation was conducted by a mediator who does not meet the requirements of rule 44 (1), the mediator shall first be required to apply for recognition and certification of his or her qualification status by the Committee before filing the agreement in court.(4)Before registering an international private settlement agreement, the court shall satisfy itself of the compliance of the agreement with the provisions of subrule (3) and may, for sufficient reason to be recorded, decline such registration.(5)The provisions of rule 50 shall apply with the necessary modifications in the enforcement of an international private settlement agreement.