Setting Aside and Objection to Recognition and Enforcement of Arbitral Award;

Setting Aside and Objection to Recognition and Enforcement of Arbitral Award;

Section 35(3) of the Arbitration Act requires that a party desirous of setting aside an arbitral award make the application for setting aside within 3 months after receiving the words.

Courts have interpreted that the 3 months start running from the time when the Arbitrator communicates that the award is ready for collection by the parties. The time will start running even when the Arbitrators communicates that the release of the award is subject to the payment of his/her fees. See the case of University of Nairobi v Multiscope Consultancy Engineers Limited [2020] eKLR

An application filed after the expiry of three months is out of time. Courts have also indicated they have no jurisdiction to extend time. Kenyatta International Convention Centre (KICC) v Greenstar Systems Limited [2018] eKLR

However, a party who has not filed an application to set aside may still have a leeway of objecting to recognition and enforcement of the arbitral award. Such a party must however bring its objection within the provisions of section 37(1) of the Arbitration Act. See National Oil Corporation of Kenya Limited v Prisko Petroleum Network Limited [2014] eKLR