NCIA Arbitration Submission (Kenya)

An NCIA Arbitration Submission in Kenya — formally known as a Request for Arbitration — is the initiating document filed with the Nairobi Centre for International Arbitration (NCIA) by a claimant party to commence institutional arbitration proceedings under the NCIA Arbitration Rules 2015. The NCIA was established by the Nairobi Centre for International Arbitration Act No. 26 of 2013 as Kenya's primary institutional arbitration body, providing a permanent framework for the administration of domestic and international commercial arbitration seated in Nairobi.

The legal basis for NCIA arbitration is the Arbitration Act No. 4 of 1995 (as amended 2009 and revised 2022), which is modelled on the UNCITRAL Model Law on International Commercial Arbitration. Article 3 of the NCIA Arbitration Rules 2015 governs the Request for Arbitration — prescribing its mandatory content, the filing procedure, the filing fee calculation, and the commencement date of arbitration proceedings. The NCIA Secretariat in Nairobi reviews each Request for Arbitration for compliance with Rule 3 before accepting the filing and notifying the Respondent.

The NCIA Arbitration Submission triggers the start of the NCIA arbitration process: upon receipt of a compliant Request, the NCIA Secretariat notifies the Respondent and invites a Response within 30 days; the NCIA then proceeds to constitute the arbitral tribunal by confirming or appointing the arbitrator(s) in accordance with Articles 10 to 15 of the NCIA Arbitration Rules; the tribunal holds a preliminary procedural conference; and the substantive hearing process commences. The entire procedure from Request to final award typically takes 6 to 18 months for commercial disputes.

The NCIA administers arbitration across all commercial sectors — construction and infrastructure, banking and financial services, technology, oil and gas, trade, employment disputes referred by contractual agreement (distinct from the statutory ELRC jurisdiction), intellectual property under the Industrial Property Act No. 3 of 2001, and investment disputes under bilateral investment treaties (BITs) where Kenya is a party. Kenya has signed BITs with over 20 countries, and the NCIA has jurisdiction under certain BITs to administer investor-state arbitration.

An NCIA Arbitration Submission differs from a High Court pleading in that arbitral proceedings are confidential — Article 30 of the NCIA Arbitration Rules 2015 imposes a confidentiality obligation on the parties, the arbitrators, and the NCIA itself in respect of all information relating to the arbitration. This confidentiality is a key advantage of institutional arbitration under NCIA Rules over public court proceedings before the High Court of Kenya (Commercial Division). Under Kenya law, Section 3 of the Companies Act 2015 (No. 17 of 2015) and Section 2 of the Law of Contract Act (Cap 23) govern the core requirements for this type of document.

The legal framework governing the NCIA Arbitration Submission (Kenya) in Kenya draws on several key statutes and regulatory bodies. Under the Companies Act No. 17 of 2015, the Registrar of Companies at the Office of the Attorney General maintains the register of Kenyan companies. Section 3 of the Law of Contract Act (Cap. 23) governs contractual obligations. The Competition Authority of Kenya (CAK) enforces the Competition Act No. 12 of 2010. The Kenya Revenue Authority (KRA) administers corporate tax under the Income Tax Act (Cap. 470). The High Court of Kenya has unlimited original jurisdiction under Article 165 of the Constitution of Kenya 2010. Parties executing a NCIA Arbitration Submission (Kenya) in Kenya should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Nairobi Centre for International Arbitration Act No. 26 of 2013 sets the foundational requirements.

An NCIA Arbitration Submission in Kenya is required whenever a party wishes to commence institutional arbitration proceedings under the NCIA Arbitration Rules 2015 pursuant to an Arbitration Clause or Arbitration Agreement that designates the NCIA as the administering institution.

An NCIA Arbitration Submission is needed when a claimant party has a dispute under a commercial contract — supply agreement, construction contract, services agreement, or shareholder agreement — that contains an NCIA arbitration clause, and the parties have been unable to resolve the dispute through negotiation or contractual pre-dispute procedures (such as a notice and cure period or a dispute resolution committee).

An NCIA Arbitration Submission is required when a party to a Kenya-seated arbitration needs to invoke the NCIA's arbitrator appointment authority — for example, where the contract specifies three arbitrators but the Respondent refuses to nominate their co-arbitrator within the agreed timeframe. Article 11 of the NCIA Arbitration Rules grants the NCIA Secretariat authority to appoint arbitrators in default of party agreement, preventing one party from obstructing arbitration by refusing to participate.

An NCIA Arbitration Submission is needed in investor-state disputes where a foreign investor claims breach of a bilateral investment treaty (BIT) between Kenya and the investor's home country, and the BIT designates the NCIA as an available arbitration forum. Kenya's BIT programme — administered by the Kenya Investment Authority (KenInvest) under the Special Economic Zones Act No. 16 of 2015 — increasingly references NCIA arbitration for investment protection disputes.

An NCIA Arbitration Submission is required when a party in an ongoing dispute needs to access the NCIA's Emergency Arbitrator procedure under Article 26 of the NCIA Arbitration Rules 2015, which allows urgent interim relief — asset freezing orders, injunctions, or orders for the preservation of evidence — to be granted by an NCIA-appointed emergency arbitrator within 15 days of the application, pending constitution of the main arbitral tribunal.

An NCIA Arbitration Submission is needed when parties to a multi-contract or multi-party dispute — such as an EPC (Engineering, Procurement, and Construction) project involving a main contractor, multiple subcontractors, an employer, and a financier — wish to consolidate related claims into a single NCIA arbitration under Article 6 of the NCIA Arbitration Rules, avoiding parallel proceedings and inconsistent awards.

An NCIA Arbitration Submission filed under Article 3 of the NCIA Arbitration Rules 2015 must contain all mandatory elements to be accepted by the NCIA Secretariat as a valid Request for Arbitration.

Claimant Identification: Full legal name, BRS registration number (for Kenyan companies), or KRA PIN (for individuals and foreign entities), registered address, and contact details of the Claimant and its legal representative (Advocate of the High Court of Kenya or foreign counsel admitted pro hac vice for international arbitrations). The Law Society of Kenya (LSK) admission details of the Kenyan advocate must be provided.

Respondent Identification: Full legal name, registration number, and last known address of the Respondent. Where the Respondent is a company registered with the Business Registration Service (BRS), the BRS registration number should be confirmed from the eCitizen portal before filing.

Arbitration Agreement Reference: Citation of the specific Arbitration Clause or Arbitration Agreement founding the NCIA's jurisdiction — the clause number, article, or paragraph in the underlying contract; the date of the contract; and a copy of the full contract (or the relevant extract) attached as an exhibit. Article 3(3)(b) of the NCIA Arbitration Rules requires the Request to contain or be accompanied by a copy of the arbitration agreement.

Description of the Dispute: A concise statement of the nature and circumstances of the dispute, the Claimant's legal and factual basis for the claim, and the relief sought — including specific monetary amounts in Kenya Shillings (KES) or other currency, declarations, and any other remedies. The Request need not be as detailed as a full Statement of Claim, which is filed later in the proceedings, but must give sufficient information for the NCIA Secretariat to assess the nature and scope of the dispute.

Relief Sought: A clear statement of all relief the Claimant seeks from the arbitral tribunal — principal amounts, interest (specifying pre-award and post-award interest rates), costs, declarations, and specific performance orders where applicable. The Arbitration Act No. 4 of 1995 and NCIA Arbitration Rules permit arbitral tribunals to award the same remedies as a court could grant in civil proceedings.

Arbitrator Nomination: The Claimant's nomination of a sole arbitrator (for sole arbitrator disputes) or the Claimant's nominated co-arbitrator (for three-member tribunal disputes) from the NCIA Panel of Arbitrators or from other qualified persons. Article 10 of the NCIA Arbitration Rules sets out the qualifications required for NCIA arbitrators — senior legal practitioners or technical experts registered on the NCIA Panel.

Filing Fee: Payment of the NCIA registration fee calculated on the disputed amount under the NCIA Schedule of Fees. The forms-legal.com NCIA Arbitration Submission template includes a fee calculation reference table based on the current NCIA Schedule, covering disputes from KES 1,000,000 to above KES 1,000,000,000. Payment must accompany the filing or be made within 7 days of the NCIA Secretariat's fee assessment notice. Under Kenya law, Section 3 of the Companies Act 2015 (No. 17 of 2015) and Section 2 of the Law of Contract Act (Cap 23) govern the core requirements for this type of document. Under Kenya law, Section 15 of the Employment Act 2007 (No. 11 of 2007) and Section 24 of the Land Registration Act 2012 (No. 3 of 2012) govern the core requirements for this type of document.