Kenya moves to promote dispute resolution

Other factors behind the embrace of alternative resolution of commercial disputes in Africa include higher state spending on infrastructure projects, and opening of new markets and industries, Ngugi added.

Kenya Private Sector Alliance (KEPSA) on Thursday signed a memorandum of understanding with the Nairobi Centre for International Arbitration (NCIA) to promote mediation as a means to settle commercial disputes.

The two entities will mainstream alternative dispute resolution and sensitize the private sector in the region on the need to avoid costly litigation that bodes ill for a conducive investment climate, the KEPSA said in a statement issued in Nairobi, the Kenyan capital.

KEPSA’s CEO Carole Kariuki said an agreement with the Center will enhance the peaceful resolution of commercial disputes, and spur investment and economic growth.

Kariuki said the private sector lobby will leverage infrastructure provided by the arbitration center to fast-track the conclusion of cases arising from commercial disputes.

Kenya recently hosted the second annual international conference on arbitration and alternative dispute resolution where delegates endorsed a framework for resolving commercial disputes outside the formal court processes.

The conference discussed emerging trends in alternative dispute resolution in Africa, which has proved less costly and more efficient as opposed to litigation in the courts.

Kariuki stressed that the local private sector stood to gain from enlarged regional markets and attract venture capital once they entrench alternative dispute resolution in their operations.

Lawrence Ngugi, CEO and Registrar of the NCIA, said preference for alternative dispute resolution as opposed to courtroom litigation has gained traction in Africa, driven by growing international trade, investments, and business innovation in the continent.

Other factors behind the embrace of alternative resolution of commercial disputes in Africa include higher state spending on infrastructure projects, and opening of new markets and industries, Ngugi added.

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