Introduction

Arbitration in Kenya has seen significant growth and evolution, reflecting the dynamic nature of the country’s economic and legal landscape. In particular, the sectors that have especially driven this trend are construction, finance and technology. The construction sector has witnessed a surge in large-scale infrastructure projects, involving international contractors and state-owned agencies. This has led to a rise in construction-related disputes, arising out of delays in project completion, variations in the scope of work, cost overruns and default from the parties.

Although the use of arbitration in lieu of the courts to resolve disputes has been prevalent in the construction industry for many years, in Kenya, the rise of construction arbitration cases has transformed the process and expanded its scope of application further and further. As a result, professionals are able to better assess the risks and opportunities presented by recent developments.

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