Corporates Kenya

Alternative dispute resolution is the key for development,CIArb

By Jeff Kizzilah

Resolution of legal disputes will reduced at a higher rate if we look for arbitration process as an alternative.

Dr.Wilfred Mutubwa the Emiritas Chairman at the Chartered Institute of Arbitrators of the Kenya Branch was speaking during the 7th International Charter Institute Conference today in Mombasa,and the topic was “International Arbitration for the 21st century,a new Era for dispute resolution in Africa ” he said that arbitration is the only way to go to remove the backlog of cases at the courts.

The conference which brought together countries across of Africa and the world representives including USA,German and other African states like Nigeria and Egypt.

Dr.Mutubwa said this is a global reality that business is concerned more than be dragged in to lengthly and proteacted procedure.

The resolution and management disputes in kenya lie in the alternative dispute resolutions mechanism outside the judicial process”,he adds

Dr. Mutubwa said that this will help in improving domestic business and investment in kenya,he said that Africa states must embrace and adopt and endeed modernize their arbitration laws.

” this conference focuses on arbitration and practitioners have got talent and timely methods of resolving and settling commercial disputes “, he adds

He added that people has lived with the mindsets since rhat only lawyers can qualify as arbitrator which he says is not true.

The conference also brought together professionals rrom other fields including Lawyers, Engineers,architects and various academicians and sportmen and women from different fields.

He also said that the conference will take note that African states non Convention members will continue to impede the practice of international commercial arbitration on the continent.

“The Chief Justice Martha Koome who also attended the conference vitually, said that the Judiciary is encouraging adoption of alternative dispute resolution methods in line with the constitution.

Currently,he said the arbitration kenya branch has gained popularity among the business community because of the advantages it has over litigation.

The United Nation Convention on the recognition and Enforcement of foreign Arbitral Awards or the New York Convention is an International treaty of 1958.

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