Commercial Dispute Resolution
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The Commercial Dispute Resolution Practice Group of the Firm is known for its expertise in disputes relating to capital markets, banking, insurance and tax. The precision, cut-to-the-quick and clarity-focused approach of the firm is gaining it renown.
We advise and represent clients in various dispute resolution forums including negotiations, mediation, arbitration and court.
Arbitration
- Successfully represented a technology solutions company in a claim against a government entity for about USD 28,000,000.00 for breach of contract and for violation of the company’s right to fair administrative action. The matter was heard and determined in arbitration and an arbitral award was issued in favour of our client for USD 13,288,091.43 plus costs.
- Successfully represented a licensed Fund Manager in 3 different claims amounting to over Kshs. 400,000,000/= inclusive of interest in respect of investments made in bonds issued by two banks that subsequently collapsed. The Firm was successful in the arbitration references and in various court applications.
- Acted for a fin-tech company in an arbitration at the London Court of International Arbitration (LCIA) and subsequently in the High Court of Kenya in respect of a dispute with a supplier in a contract with a government entity. The subject matter was worth € 3,359,658.00
Acted in arbitration for former shareholders of a leading insurance company in a claim for over Kshs 530,000,000/= for breach of warranties.
Commercial Litigation
- Represented 3 clients in a dispute with a top commercial bank challenging the realization of third-party charges including the statutory notices. The value of the subject matter was over Kshs. 700,000,000/=
- Successfully represented a composite group of companies in disputes with a leading commercial bank on realization of securities following various receiverships. We successfully resolved the matters settling the bank at about Kshs. 2,700,000,000/= and rescuing residual assets of over Kshs. 4,000,000,000/=.
- Successfully represented a microfinance bank in a significant tax dispute with the Kenya Revenue Authority (KRA) at the Tax Appeals Tribunal.
- Successfully represented a local aviation company in defending a claim against it by a state corporation for alleged negligence in the repair of a helicopter. The claim was for about Kshs. 195,000,000/=.
- Acted for an energy development company in a claim for alleged breach of contract and fraud over the proposed development of a 35MW Biomass Power Plant. The subject matter value of the litigation was USD 132,300,000.00.
- Successfully represented a developer in a dispute at the Environment and Land Court concerning a multi-residential development with an estimated project cost of Kshs. 2,100,000,000/=.
- Represents various employers in employment matters including redundancies, terminations, summary dismissals and constructive dismissals.
- Acts for several insurance companies in the defence of non-motor claims.
- Represents clients in succession, inheritance, and estate administration matters.
Mediation
- Representing a client in a dispute involving transfer of shares in a family company which was referred to court-annexed mediation.
- Successfully represented a client in court-annexed mediation regarding a commercial dispute involving a breach of a contract for non- payment.
Commercial Dispute Resolution Team
What our clients say about us
We recognize that every client is important, and we give them specialized personal attention tailored just for them, in order to provide specific legal solutions to their businesses.
