The Nairobi Centre for International Arbitration Act, No. 26 of 2013, was assented on 14/1/2013 and came into force on 25/1/2013. Under section 4, the Act establishes a Centre which “shall be a body corporate with perpetual succession.” The Act establishes a Board of Directors to be responsible for the management of the Centre and the Law Society of Kenya is represented on the Board. The Centre’s functions include: to promote, facilitate and encourage the conduct of international commercial arbitration in accordance with this Act; administer domestic and international arbitrations as well as alternative dispute resolution techniques under its auspices; ensure that arbitration is reserved as the dispute resolution process of choice; develop rules encompassing conciliation and mediation processes; organize international conferences, seminars and training programs for arbitrators and scholars; coordinate and facilitate, in collaboration with other lead agencies and non-State actors, the formulation of national policies, laws and plans of action on alternative dispute resolution and facilitate their implementation, enforcement, continuous review, monitoring and evaluation, amongst other functions. My question is, is the Centre proposed to be set up by the LSK different from this Centre? If not, why should LSK set up a different Centre and yet there is one established and funded by the Government (tax payers) as a public entity performing the same functions as those proposed for the Centre originated by LSK?
Posted on: Tue, 11 Nov 2014 15:35:16 +0000
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