On 8th April 2020, the global institute launched its new Guidance Note on Remote Dispute Resolution Proceedings, designed to equip both neutrals and parties with the necessary tools and techniques for conducting dispute proceedings in compliance with social distance regulations. According to the Institute the Guidance Note which cuts across technical, legal and logistical issues, offers practical advice on how under remote conditions, proceedings can not only continue, but can pro-actively adapt in ways that will ultimately be positive for the way dispute resolution is practiced. Beyond the immense public health implications, COVID-19 poses a formidable challenge to the functioning of society, business and commerce.
The Institute further notes that in many ways, the social distancing measures necessitated by the spread of coronavirus has merely magnified – in a very dramatic way – changes in the way we work and communicate. In developing the Guidance Note, CIArb is empowering neutrals in mediation, arbitration and a host of other dispute mechanisms to rapidly evolve. The Institute is hopeful that if the sector responds constructively, the experience gained during this difficult time will be immensely valuable when we finally emerge from the crisis.
The Kenya Branch of the Institute has adopted the Guidance Note to assist parties and neutrals in ADR processes manage proceedings during this period and also in the interconnected future. Follow the link in paragraph 1 above or see the note attached below for your familiarization and use.
On behalf of the branch committee, I take this opportunity to wish you a happy Easter holiday and urge you to continue following the guidelines issued by the Government of Kenya to avoid the further spread of the Corona Virus.
MR. MBIRIRI NDERITU, FCIArb.