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NIAZSONS (K) LTD V. CHINA ROAD & BRIDGE CORPORATION KENYA

(2001) JELR 98434 (CA)

Court of Appeal  •  Civil Appeal 157 of 2000  •  2 Mar 2001  •  Kenya

Coram
Philip Kiptoo Tunoi, Samuel Elikana Ondari Bosire, Emmanuel Okello O'Kubasu

Judgement

JUDGMENTS

Bosire JA. Niazsons (K) Limited, the appellant, was sub-contracted by China Road and Bridge Corporation (Kenya), the respondent, to execute road works on a 52 km stretch of the Garsen-Hola Road at an agreed contract price of Kshs 473,665,086.10 and other mutually agreed terms which were reduced into writing. Among those terms is clause T, which provides thus:

"T Arbitration

(a) All disputes and differences in connection with this subcontract and with the execution thereof, shall be first settled between the contractor and subcontractor by friendly and amicable negotiation. If no settlement can thus be reached, the disputes and differences shall be submitted for arbitration.

(b) Either the contractor or the sub-contractor is plaintiff, the arbitration shall take place in Nairobi, Kenya, and be conducted by the Institute of Engineers of Kenya. The procedural law and rules for arbitration shall be the Arbitration Act, chapter 49 of the laws of Kenya. The appointed (sic) of arbitrat…

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