FOXTROT CHARLIE INC V AFRIKA AVIATION HANDLERS LIMITED & ANOTHER [2012] KEHC 4191 (KLR)
- Court
- High Court of Kenya
- Case number
- 4191
- Citation
- [2012] KEHC 4191 (KLR)
The court will determine whether the application is in compliance with the mandatory provisions of the Arbitration Act, 1995 and the Arbitration Rules, 1997, and whether the award is contrary to International Public Policy and National Policy of the Republic of Kenya.
Facts
The Applicant, Foxtrot Charlie Inc, seeks recognition and enforcement of an award rendered by the ICC Court against the 1st Respondent, Afrika Aviation Handlers Limited, and the 2nd Respondent, Raphael Mullei Nzomo. The application is based on Section 2 and Section 36 of the Arbitration Act, 1995.
Issues
- Whether the application is brought in breach of the mandatory provisions of the Arbitration Act, 1995 and the Arbitration Rules, 1997
- Whether the award is contrary to International Public Policy and National Policy of the Republic of Kenya
- Whether the application seeks to enforce an award which is contrary to the positive law of Kenya
Reasoning
The court will consider the grounds of objection under three main heads: whether the application is brought in breach of the mandatory provisions of the Arbitration Act, 1995 and the Arbitration Rules, 1997; whether the award is contrary to International Public Policy and National Policy of the Republic of Kenya; and whether the application seeks to enforce an award which is contrary to the positive law of Kenya.
Outcome
The court will determine the validity of the application and the award.
Orders
- The court will consider the application and the award in accordance with the legal framework for recognition and enforcement of arbitral awards as set out in the Arbitration Act, 1995 and the United Nations Conference on International Commercial Arbitration Convention on the Recognition and Enforcement of Arbitral Award, 1958.
- The court will determine whether the application is in compliance with the mandatory provisions of the Arbitration Act, 1995 and the Arbitration Rules, 1997, and whether the award is contrary to International Public Policy and National Policy of the Republic of Kenya.
Authorities cited
Legislation (3)
- Arbitration Act, 1995
- Arbitration Rules, 1997
- United Nations Conference on International Commercial Arbitration Convention on the Recognition and Enforcement of Arbitral Award, 1958
Loading judgment…