Arbitration awards require some firm economic merits

Some of the arbitral awards in Kenya have been outright ludicrous and lack economic merit. Two cases come to mind. First, is the Synergy Industrial Credit Limited versus Cape Holdings Limited case. The parties entered into a sale agreement for office blocks for Sh703,200,000. Synergy made a down-payment of Sh577,200,000.

During the period of development, Synergy declared a dispute and invoked arbitration.

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Note: The results are not exact but very close to the actual.