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.

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.

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

4.

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

	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

	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

	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

	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

	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

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© 2021, CIArb Kenya. All rights reserved

	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

	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