Question 1

What arbitration and dispute resolution services do you offer?

Accepted Answer

We act as arbitrator on appointment by the parties or by an appointing authority, interpret contractual provisions, prepare and manage contractual correspondence and letters, act as arbitrator in construction disputes, act as an expert witness in arbitration proceedings, and represent a party as counsel in arbitration proceedings.

Question 2

When should a construction dispute be referred to arbitration?

Accepted Answer

Most construction contracts set out a sequence of steps — notification, negotiation and often adjudication or mediation — before arbitration. Where those steps do not resolve the dispute, it is referred to arbitration under the arbitration clause of the contract. We advise on the appropriate route, prepare the notices and correspondence required by the contract, and act where an arbitrator has to be appointed.

Question 3

Can a dispute be settled without going to arbitration?

Accepted Answer

Yes. Wherever possible we help the parties settle through alternative dispute resolution — negotiation, mediation, expert determination or adjudication — including drafting and implementing the settlement agreement, before arbitration is formally commenced.

Question 4

What is the difference between negotiation, mediation, adjudication and arbitration?

Accepted Answer

Negotiation is direct discussion between the parties. Mediation brings in a neutral third party who helps the parties reach their own agreement. Adjudication is a faster, provisionally binding decision process that many construction contracts provide for, usually decided on written submissions within fixed time limits. Arbitration is a formal, binding process in which an arbitrator or tribunal decides the dispute after a procedure similar to a court hearing, and it is normally the final step in the dispute ladder in a construction contract. We advise on the step your contract requires and act at whichever stage you need.

Question 5

Do you act as an expert witness in construction disputes?

Accepted Answer

Yes. We provide expert witness services in arbitration and litigation, including the measurement and valuation of disputed works, cost and value evidence, delay and programme evidence, and the preparation of expert reports. Our director Kobia Michubu is a Member of the Chartered Institute of Arbitrators (MCIArb) and acts as an arbitrator, and leads this work together with our director James A. Kanalo.

Question 6

Who in your team handles arbitration work?

Accepted Answer

Our director Kobia Michubu is a Member of the Chartered Institute of Arbitrators (MCIArb) and an arbitrator, and leads this service together with our director James A. Kanalo. Their profiles, qualifications and registrations are set out on our team page.

Arbitration Services

Arbitration Excellence

Acting as an arbitrator on appointment (by parties or appointing authority)

Interpretation of contractual provisions

Contractual correspondences and letters

Acting as an arbitrator for a construction dispute on appointment

Acting as an expert witness in arbitration proceedings

Representing a party as a counsel in arbitration proceedings.

Conflict Resolution

Alternative dispute resolution methods

Mediation and negotiation facilitation

Expert determination and adjudication

Dispute analysis and strategy development

Settlement agreement preparation and implementation

Arbitration & Dispute Resolution FAQs

Dispute Resolution Questions We Answer

Where We Handle Construction Disputes

Arbitration and dispute resolution in Nairobi

Arbitration and dispute resolution in Kiambu and Thika

Arbitration and dispute resolution in Machakos and Athi River

Arbitration and dispute resolution in Kajiado

Arbitration and dispute resolution in Mombasa

Arbitration and dispute resolution in Kisumu

Arbitration and dispute resolution in Nakuru

Arbitration and dispute resolution in Eldoret

Arbitration and dispute resolution in Nyeri and Mount Kenya Region

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