The cheapest case is the one that is never filed. Much of Kenyan commercial litigation begins with a contract that was silent on the exact question the parties ended up arguing about, and by then the drafting options have narrowed. Which clauses actually prevent disputes? Clear scope, deliverables and payment terms, with dates and currencies … Read more
Not every dispute belongs in a courtroom. Arbitration, mediation, and structured negotiation resolve a large share of commercial disagreements in Kenya , often faster, privately, and on terms the parties help design. The skill is knowing which path a particular dispute should take. What is alternative dispute resolution? Negotiation , direct, structured discussion between the … Read more
A supply agreement expires badly, and one party notices a clause neither of them dwelt on at signing: disputes are to be referred to arbitration in Nairobi. The clause now controls how the disagreement will be resolved. Businesses served with a notice to arbitrate, or considering serving one, should understand the path ahead before positions … Read more
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