Arbitration is a valuable alternative avenue for dispute resolution, particularly where privacy and confidentiality are paramount.

Arbitration is a procedure under which the parties agree between themselves to submit a dispute to one or more arbitrators to make a binding decision on the dispute. When the parties choose to arbitrate, they are opting for a private dispute resolution procedure instead of going to court.

Whilst nobody enters into a contract anticipating that it will ultimately be the subject of a dispute, one should give careful consideration at the outset to how any disputes which do arise are to be resolved, including whether arbitration is the best option for you.

Hassan Luk Dispute Resolution team can assist you in determining which dispute resolution process will best suit your needs. We can provide guidance on the appropriate clauses to be used in your contract to ensure that you know what to expect and do in the event of a dispute.

If a dispute which is subject to an arbitration clause does arise, the team has extensive experience in overseeing all manner of arbitrations. We advise on small scale single issue disputes to complex and high value cross-border disputes for individuals and companies, working with and against some of the leading advocates and firms both in Kenya, East Africa and internationally.

• Construction & Real Estate
• Telecoms and media
• Hospitality & Commercial

• Tax Disputes
• Employment
• Environment and planning
• .

How We Can Help

We understand our clients' preference is to achieve an early consensual resolution and in these cases we develop a strategy which will optimise their negotiating position. Where early settlement is not an option, our team offer a tailored, tactical and personal service using their expertise and knowledge to ensure that your dispute settles with the best outcome for you.

We provide advice and support at all stages of the arbitration process; from drafting arbitration agreements and providing pre-dispute strategic input, right through to the post-award enforcement stage.

Recent experience

☑ Acting for a project owner in a multi-million shillings arbitration where the contractor signed off and closed accounts of works done on the proposed project and was seeking complete payment and charged interests from our client.

☑ Representing a wife in a divorce arbitration where the husband is a wealthy spouse and both were contesting distribution of shared marital assets.

☑ Part of panel of lawyers who brought an action on behalf of a telecom operator before the ICA in Paris. The court found in favour of the operator and ordered the Lincensor's government to pay the operator US$1-billion in reparation for arbitrary shutdown.

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