Arbitration Survey Form

This survey is administered by the Chartered Institute of Arbitrators, Kenyan branch and the aim is to assess the state of ADR mechanisms in Kenya. The questions that follow focus on Arbitration as a specific ADR mechanism. We value your participation and the time taken to respond to the same.

Arbitration Survey Form

- Step 1 of 5

1.

Name *

First

Last

Email *

Gender *

• Male
• Female

Age *

< 40 Years	40 - 50 Years	> 50 Years
<40 Years < 40 Years	<40 Years 40 - 50 Years	50 Years

2.

If a practitioner, please indicate profession *

• Business Professional
• Lawyer
• Law Professor
• Non-Legal experts
• Other

If other (Please Specify)

Experience

< 5 Years	5 - 10 Years	> 10 Years
Item #1 < 5 Years	Item #1 5 - 10 Years	Item #1 > 10 Years

3.

In what capacity have you participated in the arbitration process? *

• Practitioner (party representative or an arbitrator)
• User (party to the arbitration process/consumer)
• Membership Institution/Appointing Authority
• Other

If other (Please Specify)

4.

What is the basis of most arbitrations? *

• Contractual
• Statutory
• Court
• Institutional
• Other

Other (Please Specify)

5.

i) Type of Arbitral Tribunal you have engaged? *

Single Arbitrator	Panel of Arbitrators
Item #1 Single Arbitrator	Item #1 Panel of Arbitrators

ii) Which of the above have you mostly engaged? *

Single Arbitrator	Panel of Arbitrators
Item #1 Single Arbitrator	Item #1 Panel of Arbitrators

Kindly elaborate on your response

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6.

What is the frequency within which you have used arbitration in the last 5 years? *

Rarely	Moderately	Frequently
Item #1 Rarely	Item #1 Moderately	Item #1 Frequently

Kindly elaborate on your response

7.

If a practitioner or a party, highlight your frequency of using arbitration in contradistinction with other ADR mechanisms. Rank from least likely to most likely. *

	Least likely	Likely	Most likely
Adjudication	Adjudication Least likely	Adjudication Likely	Adjudication Most likely
Mediation	Mediation Least likely	Mediation Likely	Mediation Most likely
TDRM (Traditional Dispute Resolution Mechanism)	TDRM (Traditional Dispute Resolution Mechanism) Least likely	TDRM (Traditional Dispute Resolution Mechanism) Likely	TDRM (Traditional Dispute Resolution Mechanism) Most likely

Kindly elaborate on your response

8.

If an appointing authority, what is the frequency of arbitration appointments in contradistinction with other ADR mechanisms? Rank from least likely to most likely. (copy) *

	Least likely	Likely	Most likely
Adjudication	Adjudication Least likely	Adjudication Likely	Adjudication Most likely
Mediation	Mediation Least likely	Mediation Likely	Mediation Most likely
TDRM (Traditional Dispute Resolution Mechanism)	TDRM (Traditional Dispute Resolution Mechanism) Least likely	TDRM (Traditional Dispute Resolution Mechanism) Likely	TDRM (Traditional Dispute Resolution Mechanism) Most likely

Kindly elaborate on your response

9.

Subject matter of the dispute frequently encountered under arbitration? Rank (1-5) as appropriate:

	1	2	3	4	5
Commercial disputes	Commercial disputes 1	Commercial disputes 2	Commercial disputes 3	Commercial disputes 4	Commercial disputes 5
Contractual disputes	Contractual disputes 1	Contractual disputes 2	Contractual disputes 3	Contractual disputes 4	Contractual disputes 5
Consumer transactions	Consumer transactions 1	Consumer transactions 2	Consumer transactions 3	Consumer transactions 4	Consumer transactions 5
Landlord/Tenant disputes	Landlord/Tenant disputes 1	Landlord/Tenant disputes 2	Landlord/Tenant disputes 3	Landlord/Tenant disputes 4	Landlord/Tenant disputes 5
Consultant services	Consultant services 1	Consultant services 2	Consultant services 3	Consultant services 4	Consultant services 5
Other	Other 1	Other 2	Other 3	Other 4	Other 5

Other (Please Specify)

Kindly elaborate on your response

10.

Had the parties attempted another ADR process prior to arbitration? *

• Yes
• No

If yes, which one?

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11.

Was the dispute successfully concluded through arbitration? *

• Yes
• No

If no, did the parties engage another dispute resolution mechanism?

• Yes
• No

Which one?

12.

How long did the arbitration process take? *

• 0-3 Months
• 3-6 Months
• 6-12 Months
• Over 12 Months

Rate your satisfaction with arbitration as a process *

Rate 1 out of 5Rate 2 out of 5Rate 3 out of 5Rate 4 out of 5Rate 5 out of 5

Kindly elaborate on your response

13.

If a practitioner, what range of costs are frequently incurred in arbitration? Rank (1-5) as appropriate *

	1	2	3	4	5
Tribunal costs	Tribunal costs 1	Tribunal costs 2	Tribunal costs 3	Tribunal costs 4	Tribunal costs 5
Venue	Venue 1	Venue 2	Venue 3	Venue 4	Venue 5
Stenography	Stenography 1	Stenography 2	Stenography 3	Stenography 4	Stenography 5
Institutional fees	Institutional fees 1	Institutional fees 2	Institutional fees 3	Institutional fees 4	Institutional fees 5
Legal representation	Legal representation 1	Legal representation 2	Legal representation 3	Legal representation 4	Legal representation 5

Kindly elaborate on your response

14.

What is the highest amount in regard to costs that you have incurred in arbitration (in KES)?

• < 250,000
• 250,000 - 500,000
• 500,000 - 750,000
• 750,000 - 1,000,000
• > 1,000,000

15.

How would you rate the effectiveness of arbitration as a dispute resolution mechanism? *

Not Effective	Effective	Highly Effective	Other
Item #1 Not Effective	Item #1 Effective	Item #1 Highly Effective	Item #1 Other

Other (Please Specify)

Kindly elaborate on your response

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16.

If an arbitration institution, approximately how many arbitrators have you trained in the past 5 years? *

• less than 10
• 10 - 20
• 20 - 50
• Other

Other (Please Specify)

17.

From your experience, what are the benefits of arbitration? Rank (1-5) as appropriate

	1	2	3	4	5
Expeditious	Expeditious 1	Expeditious 2	Expeditious 3	Expeditious 4	Expeditious 5
Cost effective	Cost effective 1	Cost effective 2	Cost effective 3	Cost effective 4	Cost effective 5
Finality/Binding nature of the award	Finality/Binding nature of the award 1	Finality/Binding nature of the award 2	Finality/Binding nature of the award 3	Finality/Binding nature of the award 4	Finality/Binding nature of the award 5
Party autonomy and privacy	Party autonomy and privacy 1	Party autonomy and privacy 2	Party autonomy and privacy 3	Party autonomy and privacy 4	Party autonomy and privacy 5
Other	Other 1	Other 2	Other 3	Other 4	Other 5

Kindly elaborate on your response

18.

What are the most prevalent challenges in arbitration? (Rank between 1-5) as least or most appropriate

	1	2	3	4	5
Award enforcement challenges	Award enforcement challenges 1	Award enforcement challenges 2	Award enforcement challenges 3	Award enforcement challenges 4	Award enforcement challenges 5
Inadequate skills and training	Inadequate skills and training 1	Inadequate skills and training 2	Inadequate skills and training 3	Inadequate skills and training 4	Inadequate skills and training 5
Inhibiting costs	Inhibiting costs 1	Inhibiting costs 2	Inhibiting costs 3	Inhibiting costs 4	Inhibiting costs 5
Delay tactics by parties/lawyers	Delay tactics by parties/lawyers 1	Delay tactics by parties/lawyers 2	Delay tactics by parties/lawyers 3	Delay tactics by parties/lawyers 4	Delay tactics by parties/lawyers 5
Court’s interference with the arbitration process	Court’s interference with the arbitration process 1	Court’s interference with the arbitration process 2	Court’s interference with the arbitration process 3	Court’s interference with the arbitration process 4	Court’s interference with the arbitration process 5
Effects of the COVID-19 pandemic on the arbitration process	Effects of the COVID-19 pandemic on the arbitration process 1	Effects of the COVID-19 pandemic on the arbitration process 2	Effects of the COVID-19 pandemic on the arbitration process 3	Effects of the COVID-19 pandemic on the arbitration process 4	Effects of the COVID-19 pandemic on the arbitration process 5
Others	Others 1	Others 2	Others 3	Others 4	Others 5

Other (Please Specify)

Kindly elaborate on your response

19.

If an institution, what challenges hinder the provision of training in arbitration?

20.

What should be done to address the challenges and fully utilize arbitration in the resolution of disputes? Rank (1-5) as appropriate

	1	2	3	4	5
Sensitizing judicial officers about the arbitral process and supportive court intervention	Sensitizing judicial officers about the arbitral process and supportive court intervention 1	Sensitizing judicial officers about the arbitral process and supportive court intervention 2	Sensitizing judicial officers about the arbitral process and supportive court intervention 3	Sensitizing judicial officers about the arbitral process and supportive court intervention 4	Sensitizing judicial officers about the arbitral process and supportive court intervention 5
Increased investment and assistance to arbitration institutions to boost the relevance and efficiency of arbitration	Increased investment and assistance to arbitration institutions to boost the relevance and efficiency of arbitration 1	Increased investment and assistance to arbitration institutions to boost the relevance and efficiency of arbitration 2	Increased investment and assistance to arbitration institutions to boost the relevance and efficiency of arbitration 3	Increased investment and assistance to arbitration institutions to boost the relevance and efficiency of arbitration 4	Increased investment and assistance to arbitration institutions to boost the relevance and efficiency of arbitration 5
Training judges, magistrates, and advocates on the dynamism of the arbitration practice	Training judges, magistrates, and advocates on the dynamism of the arbitration practice 1	Training judges, magistrates, and advocates on the dynamism of the arbitration practice 2	Training judges, magistrates, and advocates on the dynamism of the arbitration practice 3	Training judges, magistrates, and advocates on the dynamism of the arbitration practice 4	Training judges, magistrates, and advocates on the dynamism of the arbitration practice 5
Capacity building for stakeholders under the realm of arbitration	Capacity building for stakeholders under the realm of arbitration 1	Capacity building for stakeholders under the realm of arbitration 2	Capacity building for stakeholders under the realm of arbitration 3	Capacity building for stakeholders under the realm of arbitration 4	Capacity building for stakeholders under the realm of arbitration 5
Specialised training of arbitrators in the subject matter of the disputes frequently encountered under arbitration	Specialised training of arbitrators in the subject matter of the disputes frequently encountered under arbitration 1	Specialised training of arbitrators in the subject matter of the disputes frequently encountered under arbitration 2	Specialised training of arbitrators in the subject matter of the disputes frequently encountered under arbitration 3	Specialised training of arbitrators in the subject matter of the disputes frequently encountered under arbitration 4	Specialised training of arbitrators in the subject matter of the disputes frequently encountered under arbitration 5
Other	Other 1	Other 2	Other 3	Other 4	Other 5

Other (Please specify)

Kindly elaborate on your response

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21.

Any further comments or contributions?

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