Arbitration
Constitutionally grounded arbitration administered by Aluochier Dispute Resolution — where the right to a hearing before an independent tribunal does not require the consent of the opposing party.
The Constitutional Foundation
Article 159(2)(c) of the Constitution of Kenya, 2010 provides that in exercising judicial authority, courts and tribunals shall be guided by the principle that alternative forms of dispute resolution — including reconciliation, mediation, arbitration, and traditional dispute resolution mechanisms — shall be promoted, subject to clause (3).
Article 50(1) provides that every person has the right to have any dispute that can be resolved by the application of law decided in a fair and public hearing before a court or, if appropriate, another independent and impartial tribunal or body.
What Is Arbitration?
Arbitration is a process of resolving disputes outside courts of law. Disputes in arbitration are decided by one or more persons, referred to as arbitrators, arbiters, or an arbitral tribunal. Decisions of an arbitral tribunal are called arbitral awards or arbitration awards. Arbitration awards are legally binding on both sides of a dispute and are enforceable in courts of law.
Aluochier Dispute Resolution administers arbitration under the AISTAR 2026 and AITAR 2026 frameworks, and is conversant with arbitrations administered under other rules, especially those based on the UNCITRAL Model Law and UNCITRAL Arbitration Rules or their variations.
The Constitutional Shift: Arbitration Without a Prior Agreement
Traditionally, arbitration requires a written arbitration agreement between the parties. However, Article 50(1) of the Constitution provides that every person has the right to have any dispute that can be resolved by the application of law decided in a fair and public hearing before a court or, if appropriate, another independent and impartial tribunal or body. Consequently, just as one does not need a dispute resolution agreement with another prior to commencing court proceedings against the other, so also one does not need a dispute resolution agreement with another prior to commencing proceedings before another independent and impartial tribunal or body — including an arbitral tribunal.
Download Our Arbitration Rules
AISTAR 2026 Part V governs succession arbitration. AITAR 2026 governs general commercial arbitration. Both frameworks are available for download.
Download AISTAR 2026 PDF → Download AITAR 2026 PDF →