The Centre for Arbitration & Dispute Resolution v NSSF & Another (Civil Application 31 of 2009)

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

The Centre for Arbitration & Dispute Resolution, a non-party, applied for leave to appear as amicus curiae in a pending Supreme Court arbitration appeal, contending the case raised important questions about the distinction between an appeal against an arbitral award on points of law and an application to set aside an award. Counsel for the appellants opposed the application, arguing the parties were able to argue the appeal themselves and that an amicus curiae must be invited by the court rather than apply. The court found no merit in the application and dismissed it with no order as to costs.

Outcome

Application for leave to appear as amicus curiae dismissed for lack of merit

Facts

The underlying matter is an appeal to the Supreme Court arising from arbitration proceedings between the appellants (National Social Security Fund and W.H. Ssenioogo t/a Ssentoogo & Partners) and the respondent (AICON International Ltd), concerning the refusal of the High Court to set aside an arbitral award. The Centre for Arbitration & Dispute Resolution, which was not a party, applied for leave to appear as a friend of the court, contending the appeal raised matters of great importance: that neither party had guided the lower courts on the appellate jurisdiction of the respective courts, on the absence of an agreement affirming a right of appeal against the order refusing to set aside the award, or on the distinction between setting aside an award and appealing an award on points of law. Counsel for the appellants opposed the application.

Issues

1. Whether the applicant should be granted leave to appear as amicus curiae (friend of the court) in the pending appeal.

Orders

• Application dismissed.
• No order as to costs.

Legislation cited (5)

• Arbitration and Conciliation Act s.9
• Arbitration and Conciliation Act s.34
• Arbitration and Conciliation Act s.38(1)(b)
• Arbitration and Conciliation Act s.38(3)(a)
• Civil Procedure Act s.2

Cases cited (1)

• Attorney General v Silver Springs (1992) KLR 46

The original judgment as reported. Read the original PDF before relying on any passage.