Arbitration of Insurance Disputes
By: Doreen Kibia
Abstract
Arbitration has been used for years to resolve insurance disputes and is now being used frequently in all insurance disputes. This paper will focus on arbitration provisions in insurance policies by analysing how they should be drafted and how a party to an insurance dispute can negotiate the terms of the provision before buying an insurance policy. A well-drafted arbitration provision in a policy ensures that both the insurers and policyholders become more comfortable with arbitration features, making it more attractive to parties in a dispute.
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Arbitration in Settling Intellectual Property Disputes in Kenya
By: Doreen Kibia
Abstract
The current legislative frameworks regulating intellectual property disputes are well advanced at the international, regional and national levels and have a significant influence on whether disputes are settled in an efficient and effective manner. The main challenges facing these mechanisms are political interference, lack of resources and public ignorance. The challenges faced by these mechanisms have negative ripple effects on right holders whose intellectual property rights have been infringed upon as the mechanisms lack the capacity to determine matters in a just, expeditious, proportionate and affordable way. To create legislative and institutional mechanisms that settle intellectual property disputes in an efficient and effective way, Kenya should reform the current laws to provide for the use of alternative dispute resolution mechanisms as the first step in settling intellectual property disputes in Kenya. The best alternative dispute resolution mechanism to settle intellectual property disputes is arbitration.1 Intellectual property rights are perceived to have the same status as other personal rights and as such are arbitrable in nature unless a statute provides the contrary. The use of arbitration to settle intellectual property disputes has a number of advantages among them confidentiality and flexibility. These advantages complement the characteristic of intellectual property disputes.
Download the full article here: https://dkco.africa/wp-content/uploads/2025/10/Arbitration-in-Settling-Intellectual-Property-Disputes-in-Kenya.pdf