A Critique Of The Law Governing Capacity Of Parties To Enter Into An Arbitration Agreement.

Alternative Dispute Resolution Volume 9 Issue 1 (2021)

25 Pages Posted: 12 Feb 2021

See all articles by Edwin Kimani

Edwin Kimani

High Court of Kenya

Peter M. Muriithi

High Court & Supreme Court of Kenya

Date Written: January 25, 2021

Abstract

The authors seek to illuminate on the legal framework used to determine the capacity of parties to enter into an arbitration agreement. In several decisions, courts have set aside arbitration awards based on the lack of capacity of parties to enter into an arbitration agreement. In doing so courts have relied even on laws not chosen parties in the arbitration agreement. These decisions are a reminder that the law chosen by the parties to govern the contract does not cover all aspects of the legal relationship between the parties, and that other laws may become applicable despite the parties’ choice of law.

This discourse seeks to indepthly analyze the legal framework governing capacity of parties to enter into an arbitration agreement. In so doing, the paper will analyze both local and international laws. Insights offered by various scholars and various salient decisions of courts greatly inform this discourse. In the end, the paper will offer a conclusion to the discourse, capturing the authors view on the law governing capacity of parties to enter into an arbitration agreement.

Keywords: International Commercial Arbitration, Dispute Resolution, Commercial Arbitration, Alternative Dispute Resolution, UNICITRAL Model Law

Suggested Citation

Kimani, Edwin and M. Muriithi, Peter, A Critique Of The Law Governing Capacity Of Parties To Enter Into An Arbitration Agreement. (January 25, 2021). Alternative Dispute Resolution Volume 9 Issue 1 (2021), Available at SSRN: https://ssrn.com/abstract=3773131 or http://dx.doi.org/10.2139/ssrn.3773131

Edwin Kimani (Contact Author)

High Court of Kenya ( email )

Supreme Court Building, City Hall
P.O. Box 30041
Narobi, 00100
Kenya

Peter M. Muriithi

High Court & Supreme Court of Kenya ( email )

Supreme Court Building, City Hall P.O. Box 30041
Nairobi, 00100
Kenya

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
44
Abstract Views
165
PlumX Metrics