Makerere Law Journal

Court Ordered Interim Measures In Foreign-seated Arbitration

Article by Vianney Sebayiga

Abstract

The jurisdiction of Kenyan courts in granting interim measures in foreign-seated arbitrations remains a subject of judicial divergence. In Skoda Export Limited v Tamoil East Africa Limited, the High Court held that it lacked jurisdiction. However, in CMC Holdings Limited & CMC Motors Group Limited v Jaguar Land Rover Exports Limited and Isolux Ingeniera S A v Kenya Electricity Transmission Company Limited & 5 others, the courts held that the High Court has concurrent jurisdiction with the courts at the seat in granting interim measures in support of foreign-seated arbitrations. This paper examines this controversial issue, arguing that while courts at the seat have primary jurisdiction, their jurisdiction is not exclusive; other national courts also have concurrent jurisdiction to grant interim measures. It proposes criteria for courts to consider when determining whether to exercise jurisdiction in granting interim measures for foreign-seated arbitrations.

Related Articles