For decades, parties to African commercial contracts defaulted to London, Paris or Geneva as the seat of arbitration. That default is quietly shifting.
The courts have done their part
The willingness of national courts to support arbitration, by limiting intervention, enforcing awards promptly and declining to reopen the merits, is the single most important factor in choosing a seat. In recent years the Kenyan superior courts have built a consistent record of pro-arbitration rulings.
Cost, proximity and credibility
Hearings closer to witnesses, documents and project sites save time and money. Regional institutions now offer modern rules, emergency arbitrator provisions and panels of experienced arbitrators.
Seat selection remains a matter-specific judgement. For contracts with an East African centre of gravity, however, Nairobi now deserves serious consideration, and in many cases it is the better choice.
This publication is for general information only and does not constitute legal advice. Igweta Advocates is a fictional firm presented for demonstration.