BRITAM GENERAL INSURANCE COMPANY VS. WILSON CHEGE & AASIF KARIM (ARBITRATOR)

In determining the issue, the Court stated that an arbitrator’s jurisdiction flows from an arbitration agreement and subject to the Arbitration Act. No jurisdiction is given to the Arbitral Tribunal as a matter of right or inherence or by statute.   If the parties voluntarily contract and limit the period within which to refer their dispute to arbitration like in this case, the arbitrator has no jurisdiction to extend the period. Therefore, by entertaining the dispute, the arbitrator exceeded his jurisdiction. Lastly, the limitation of time as agreed by parties, like all other consensual agreements, cannot be said to offend the provisions of the Limitation of Actions Act nor can the Court re-write the parties’ contract.