Dispute Resolution & ADR
Commercial litigation, domestic and international arbitration (NCIA, ICC, LCIA, CIArb-Kenya), mediation and negotiated settlement. We act for claimants and respondents in the High Court of Kenya, the Court of Appeal and the Supreme Court, and represent clients in judicial review, constitutional petitions and enforcement of foreign arbitral awards. Lead advocates hold CIArb fellowship and accreditation.
What we advise on. Our dispute resolution and ADR team handles the full spectrum of contentious work: commercial and contractual disputes, shareholder and partnership disputes, banking and debt-recovery litigation, construction and infrastructure claims, employment-related litigation, judicial review of regulatory and administrative decisions, constitutional petitions, and the recognition and enforcement of foreign judgments and arbitral awards. We run domestic and international arbitrations under the rules of the Nairobi Centre for International Arbitration (NCIA), the International Chamber of Commerce (ICC), the London Court of International Arbitration (LCIA) and the Chartered Institute of Arbitrators (CIArb), and we resolve matters through structured mediation and negotiated settlement where that serves the client’s commercial interest.
Governing law and forums. We appear before the High Court of Kenya, the Court of Appeal and the Supreme Court, as well as specialised courts and tribunals including the Environment and Land Court, the Employment and Labour Relations Court and the Tax Appeals Tribunal. Our work is grounded in the Civil Procedure Act, the Arbitration Act 1995 (as amended), the Mediation (Pilot Project) Rules and Kenya’s obligations under the New York Convention 1958, which makes a Kenyan-seated award enforceable in over 170 states.
Who we act for. We represent banks and financial institutions, listed and private companies, contractors and developers, government agencies and state corporations, and high-net-worth individuals — acting for both claimants and respondents. Clients value a litigation strategy that is candid about prospects and cost from the outset, and that treats settlement as a tool rather than a concession.
Why OLM for dispute resolution. Our lead advocates hold CIArb fellowship and accreditation, and we combine courtroom experience with commercial judgement — so the advice you receive weighs the legal merits against the time, cost and relationship consequences of fighting versus settling. Every matter is partner-led, with a defined reporting cadence and fees agreed in writing before work begins.
Frequently Asked Questions
How long does commercial arbitration take in Kenya? A typical commercial arbitration under the NCIA Rules runs 9 to 18 months from the notice of arbitration to the final award, depending on the complexity of the dispute, the number of parties and whether interim measures are sought.
Is an arbitral award seated in Kenya enforceable abroad? Yes. Kenya is a party to the New York Convention 1958, so an award seated in Kenya is enforceable in over 170 contracting states, subject only to the limited grounds for refusal in Article V.
What is the difference between litigation and arbitration in Kenya? Litigation is public, follows the Civil Procedure Rules and is appealable through the court hierarchy. Arbitration is private and confidential, allows the parties to choose their arbitrator and procedure, and produces an award with very limited appeal rights — often making it faster and more commercially discreet for high-value contractual disputes.
How much does it cost to file a civil suit in Kenya? Court filing fees are calculated on the value of the claim under the Judicature (court fees) rules, on top of advocate’s fees. We provide a full cost estimate — filing fees, disbursements and our fees — before commencing, and can often agree a capped or staged fee structure.
How long does a commercial case take in the Kenyan courts? A commercial matter in the High Court commonly takes two to four years to judgment at first instance, longer with appeals. We advise on whether arbitration or mediation offers a faster route for your dispute.
What is judicial review and when can I use it? Judicial review challenges the legality of a decision by a public body — a regulator, a government ministry or a licensing authority. It does not re-hear the merits; it asks whether the decision-maker acted within its powers, followed fair procedures and applied the correct legal test.