On the 30th January 2025, the Fellows and Chartered Arbitrators of the chartered institute of arbitrators Kenya branch, came together for a highly insightful session at the Peers Lounge, where they engaged in deep discussions about the critical issues affecting arbitration in Kenya today.
Here’s a recap of the key takeaways from this powerful dialogue:
The Integrity of Award Writing
A key focus of the session was the integrity of award writing.It was noted that this is a very important aspect of maintaining trust in the arbitration process. It was highlighted that arbitrators must thus safeguard their reputation since their years of hard work can easily go down the drain if undone if any signs of lacking intergrity crept into the award writing phase.Additionally,arbitrators were urged to remain vigilant and be against any form of bribery in award writing as this would aid in maintaining fairness and impartiality at all times within the arbitration process. The participants emphasized that ethical practices must always take precedence, as the credibility of the entire profession depends on it.
Fair Charging Practices
There was an in-depth conversation around charging clients. While arbitration is often seen as more cost-effective than litigation, the session made it clear that finding a fair balance between overcharging and undercharging is crucial. Arbitrators were urged to avoid overcharging clients, which could lead to dissatisfaction and damage the reputation of the arbitration process. Undercharging was equally discouraged, as it can undermine the value of the arbitrator’s work and expertise. Ensuring fair, transparent, and justified billing practices will not only protect arbitrators but also foster long-term trust and sustainability in the profession.
Best Practices for Arbitrators
Several best practices were underscored to help elevate the standards of arbitration in Kenya. These include:
- Being considerate when requesting down payments from clients. Arbitrators were encouraged to set clear and transparent payment terms to avoid misunderstandings or disputes later on.
- Disclosure of any conflicts of interest upfront was emphasized. It was stressed that arbitrators should never participate in cases where they may have a personal or financial connection to any of the parties involved. Full disclosure helps maintain impartiality and keeps the process above board.
- Prioritizing mental and physical health. Given the intense nature of arbitration work, arbitrators were reminded of the importance of maintaining their health. Mental and physical well-being are critical for performing at their best, and a balanced, healthy lifestyle will ensure that arbitrators can consistently deliver fair and effective decisions.
Mental and Physical Well-being
In addition to discussing professional conduct, the session also highlighted the importance of mental and physical health for arbitrators. The demanding nature of arbitration work often leads to long hours and high stress, so taking care of one’s well-being is not just a personal matter, but a professional necessity. Healthy arbitrators are better equipped to make thoughtful and balanced decisions, contributing to the overall effectiveness of the arbitration process.
Looking Ahead: A Stronger, More Ethical Arbitration Community
The Peers Lounge session was a powerful reminder of the need for professionalism, integrity, and continuous self-improvement within the arbitration field. The discussions about fair charging practices, maintaining impartiality, and upholding the highest ethical standards were not just theoretical but practical, offering actionable insights for all participants.
As we move forward, it is clear that collaboration and open dialogue will be key to improving the arbitration process. Let’s continue to uphold the values of integrity and fairness, ensuring that arbitration remains a trusted, effective, and ethical dispute resolution mechanism. Let’s keep the conversation going and work together for a stronger, more ethical arbitration community!
