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"content": "The arbitration is to leave the complicated procedures of the court and come to a more effective system, so that a dispute is handled quickly. However, if the arbitration law is such that the courts can interfere at will or at any stage in the arbitration proceedings, then the whole purpose of arbitration is completely defeated. We have noticed that although the Arbitration Act tries to minimise that, the amendments that have been proposed here further strengthens and insulates the procedure from the courts. The courts can only intervene in a very serious matter or allegation rather than just a litigant who sees that he is losing before arbitration, goes to court to have the arbitration proceedings stayed. Because of that application, the arbitration proceedings are stayed for many years. The amendments that we are proposing have to further strengthen and insulate the arbitration procedures, both national but more specifically, the international arbitration from constant interferences and misuse of applicants by resulting to court on a matter which ought to be heard through the arbitration proceedings. The other amendment that we have proposed here is the enforcement of the awards. This is because it is useless to have an arbitral award, which cannot be enforced. Therefore, a more refinement system is what is being proposed here. In order to attract international arbitration, we are also bringing in the New York Convention on Arbitration where all the countries have ratified on issues of enforcement of arbitral awards. If you have an international arbitration here and an award is given here, that award â because of the regional conventions â can be enforced in the United States of America (USA and the courts there will have to respect that award. This is what we are proposing here. Nairobi, and I am glad to report, has already been identified as an ideal centre for a regional and international commercial arbitration. The Asian/African legal consultative organisations, where I was privileged to be the President for about two or three years ago- -- During my presidency, they agreed that Nairobi should become the centre for arbitration for the entire COMESA and SADC region. In other words, from Egypt to South Africa, they said that Nairobi would be the ideal centre, because of its central position, easy communication and high calibre of advocates. In todayâs newspapers, I read that some of our advocates have been recognised as some of the best advocates in the world. If we can have such a centre here, it will be useful not only for the arbitrators--- They will be able to hear not only local arbitration, but also international arbitration. This will help the centre which will be located in this City. By attracting international arbitration, people will know that Kenya is a place where you can safely invest because the system of expeditiously handling arbitration is there and it meets the international standards. Mr. Temporary Deputy Speaker, Sir, my undertaking is that I was asked for the amendments being proposed. Obviously, as things develop we shall be carrying out further amendments in this House. Mr. Temporary Deputy Speaker, Sir, I would like to go through some of the amendments. If you look at page 49, you will find that a clear distinction has been made between domestic arbitration and international arbitration. This has been done by a clear definition, so that when the arbitration is being heard, you will know that it is domestic or international. That distinction is important. It is very clear on page 51 that if a matter is before court and it is shown that it ought to have been before arbitration â and, in fact, is before arbitration â the proceedings before the court shall not be continued."
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