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.
When the parties choose to arbitrate, they are opting for a private dispute resolution procedure instead of going to court. Our arbitration clients include sovereign states, state owned companies, multi-national corporations, banks, funds, public and private companies, investors and HNWIs.
Using the court processes may not be the most constructive method of dispute resolution and in fact, the courts expect parties to explore alternative dispute resolution (ADR) options before embarking on formal litigation. In extreme circumstances, parties who turn down the chance of ADR might have cost sanctions made against them, even if they go on to win the case.
By working with Hassan Luk, you are enlisting the help of a high-quality law firm with years of experience in all the major methods of alternative dispute resolution. In some cases, we can significantly boost your chances of resolving a dispute quickly and successfully without the stress of court proceedings.
As a commercial law firm, we have great experience in arbitrations under the rules of the London Court of International Arbitration (LCIA), which is one of the world’s leading forums for commercial dispute resolution. Despite the name, it is not a court in the conventional sense – it is not tied to any country’s legal system, for example. What the LCIA does is provide a robust framework for resolving domestic and cross-border disputes through arbitration.
LCIA arbitration awards are final and binding on the parties. Opportunities to appeal are very limited and, depending on local laws, it is often possible to waive the right to appeal, thus bringing the dispute to a conclusive end.
We provide a practical and outcome-focused commercial arbitration service no matter where you are located, and regardless of which jurisdiction governs the commercial contract that is in dispute.
Our complex disputes arbitration lawyers have handled – and won – cases of great complexity and scope. This includes cross-border disputes, disputes involving multiple parties and labyrinthine chains of liability, and high-value matters where entire businesses were on the line. Clients and referring law firms rely on our arbitration expertise to resolve their biggest and most troublesome disputes.
Every complex dispute comes with its own set of risks and opportunities. There are no one-size-fits-all solutions here, and that is why our complex disputes lawyers work hand-in-hand with clients to craft winning strategies that align with business objectives, to help you get the results you need.
We fully understand the intricacies of the arbitral process, and we use it to achieve maximum benefits for our clients. Work with us, and you’ll get insight into winning case strategies and arguments, as well as first-class legal representation across an array of international arbitration institutions including the London Court of International Arbitration and the International Chamber of Commerce.
The objective of the arbitration process is to give a speedy outcome to commercial disputes, with the added benefits of cost-effectiveness, privacy and finality. An arbitrator, while bound by the arbitral process governing the parties’ relationship, in some disputes may have more scope to weigh the business realities of your situation and take them into account in the decision that is made.
However, these advantages can soon become disadvantages if your legal team is not deeply knowledgeable about the arbitral process. Everything from the choice of arbitration framework, the number of arbitrators, composition of the arbitration panel (e.g., lawyers, engineers, industry experts), and the type and volume of evidence and submissions can influence the speed of the process, the costs involved and the outcome.
At Hassan Luk, no matter what your dispute, we can guide you through the arbitral process, navigating the rules and providing practical, commercial advice throughout. Where able to do so, choosing the best framework, for example ICC, LCIA, Singapore International Arbitration Centre etc. Our service includes:
Our arbitration lawyers represent commercial organisations and high net worth individuals in most sectors, including construction, real estate, financial markets, insurance, tech and manufacturing. We have experience of handling multi-party, complex disputes that require working collaboratively with domestic and foreign law counterparts. We help our clients think tactically from the outset to maximise the chances of success.
Everyone likes to win. But from a time, cost and risk perspective, it can be better if possible to turn to alternative methods of dispute resolution. Arbitration can be a good alternative for many types of conflict resolution, because it can be less complex and more responsive than the court process.
Also, the rules may be easier to understand for the parties involved in the conflict, especially in cross-border commercial conflicts where the parties are of different nationalities and are used to working under different legal systems. In some cases, the proceedings can be more focused on the commercial (as opposed to the legal) issues, and the parties can certainly have more flexibility to adapt the process to suit the nature of their relationship and the conflict.
We can help you resolve all sorts of conflicts, however they arise, and whether you are making a claim or defending a claim. Our aim is to help you to try to settle the matter quickly by negotiation. If that is not possible, we endeavour to successfully assert your rights through alternative methods including arbitration, with the least cost and distraction to you.
Our considerable expertise, together with our strong client relationships, provides us with the strength and depth to act on the most complex and significant of commercial disputes. Our flexible and creative approach also means we’re also ready to respond in an emergency, such as getting an injunction to stop harmful behaviour in its tracks.
When considerable sums of money are on the line, it is even more important to resolve the dispute quickly and in a neutral forum. Arbitration can be a compelling process that can provide a fast, effective and confidential way of resolving commercial disputes of great economic worth.
Our lawyers’ high-value international and domestic work includes:
With in-depth knowledge of the arbitral process across all the leading arbitration frameworks, as well as their interplay with national courts, we aim to get resolutions to strategically significant disputes wherever they arise.
Parties that enter into arbitration agreements are often involved in contracts worth millions, sometimes billions of shillings (or dollars) involving projects or deals spanning multiple jurisdictions. For this reason alone, it is vital to ensure the Agreement is drafted by experienced Arbitration Lawyers.
At Hassan Luk, our dispute resolution lawyers 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.
We are trusted, friendly and expert lawyers in our field. Our diverse team is Commercial in outlook and practical in methodology, we reliably produce good results, whether as lawyers or arbitrators. We are also experienced in advising and representing clients in ad hoc arbitrations applying the United Nations Commission on International Trade Law (UNCITRAL) rules.
Our lawyers have conducted Kenya based and international arbitrations before the London Court of International Arbitration (LCIA), the International Chamber of Commerce (ICC), and are commended in leading legal directory and accredited by leading organisations including the Centre for Effective Dispute Resolution (CEDR), ADR Net, and the Chartered Institute of Arbitrators (CIArB).
Our work spans a range of sectors, including energy, mining, construction and engineering, banking and finance, FinTech, commodities, telecommunications, shipping, and real estate. One of our strengths is through working alongside our Hassan Luk's Private colleagues, the team regularly represents Ultra High Net Worth Individuals and their conglomerates in preserving their interests and investments through international arbitration.
- 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.
Arbitration awards (decisions) are reached more quickly and efficiently than traditional court proceedings.
Arbitration is also cost effective and more convenient for companies seeking alternative dispute resolutions.
If you are the successful party in arbitration, there are not many paths for the opposing party to seek an appeal for arbitration.
Arbitrators carry a degree of expertise and can deal with any technicalities about the case.
Arbitration is a confidential procedure; therefore all awards are made privately and not disclosed to the public.
Arbitration differs from litigation in the following ways:
Contractual foundation
- Compared to litigation, arbitration arises from contract. The rights and/or duties of the parties will already be confirmed within the contract, as well as the decision to arbitrate in circumstances where a dispute arises.
Location
- In arbitration, the parties can choose the location of the proceedings.
Confidentiality
- Arbitration is generally confidential and private.
The final decision
- A decision made by an arbitrator is generally definitive and is not appealed or challenged. However, it is important to note that an appeal can be made exceptional circumstances.
The arbitrator has a duty to act fairly and impartially between the parties, they must also prevent any delays, costs, and unambiguity.
Once the arbitrator has heard the case in its entirety, they must make a final decision to reach a settlement and share this decision with both parties.
Decisions are usually final and binding. However, if one of the parties are unhappy with the settlement, they can bring their dispute before the court. it is important to note that if you bring your dispute before the court, you are still entitled to follow the arbitrator’s decision until the court may overturn the ruling. However, the court often avoids overruling the arbitrator’s decision.
In Kenya, the time limits for bringing an arbitration, or the limitation periods, will depend on the nature of the dispute and the relevant legal provisions.
Consult with our lawyers at Hassan Luk who will review any relevant contracts or agreements to determine the specific time limits that may apply to your ADR process.
Naturally, there will be commercial disputes where mediation is not an appropriate method of resolution. However, mediation tends to be the most attractive option for businesses looking to resolve a dispute as the outcome can be mutually beneficial. Mediation also tends to be more cost effective than arbitration, as it takes less time.
Arbitration may be the best option when both parties cannot come to an amicable agreement. This can happen when negotiations break down or where one, or both parties are being particularly difficult. Arbitration is still a cheaper option to litigation, but it can be more time consuming and subsequently more costly than mediation.
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