REQUEST FOR ARBITRATION

 

A party who intends to commence an arbitration proceeding shall submit to the Registrar a written request for arbitration.A request for arbitration under the paragraph (1) shall-

  1. specify the name, address, nature and principal address of business.
  2. specify the contact details of each of the parties and the claimant’s representative which contacts shall include telephone, facsimile or email address;
  3. contain a copy of the contract in which the arbitration clause is provided or in respect of which the arbitration arises, or a copy of a separate arbitration agreement invoked by the claimant;
  4. contain a brief statement describing the nature and circumstances of the dispute giving rise to the claim, and specifying the relief sought by the claimant against the respondent;
  5. contain a statement specifying the seat and language of arbitration, as agreed to in writing by the parties or as proposed by the claimant to the respondent;
  6. if the arbitration agreement provides for nomination of arbitrators by the parties, specify the name, address, telephone, e-mail address, nationality and qualifications of the claimant’s nominee;
  7. contain a confirmation, addressed to the Registrar, that copies of the request for arbitration and all supporting documents have been served on all parties to the arbitration and the means of service used or intended to be used; and
  8. be accompanied by a non-refundable fee as prescribed in the First Schedule.
  9. The date on which the complete request for arbitration is received by the Registrar shall be considered to be the date on which the arbitration has commenced.
  10. The request for arbitration is deemed to be complete when all the requirements of paragraph (2) are met.
  11. The Registrar shall notify the parties of the commencement of arbitration.
  12. A request for arbitration that has not met the requirements of paragraph (2) shall not be valid and the arbitration shall be considered as not having been commenced until the requirements of paragraph (2) are met.
  13. The request for arbitration and the supporting documents shall be submitted to the Registrar-
  14. in duplicate copies, in instances where a sole arbitrator is to be appointed; or
  15. in quadruplicate copies, in instances where the parties have agreed or the claimant proposes that three or more arbitrators should be appointed.

The Request for Arbitration should be made to the Registrar, Nairobi Centre for International Arbitration through either delivery or postage of the Request at the Centre’s physical office at 8th Floor Cooperative Bank House, Haile Selassie Avenue P.O Box 548 – 00200 Nairobi, Kenya

OR

Via Email to registrar@ncia.or.ke copied to counsel@ncia.or.ke