Where any dispute or difference arises out of conditions of engagement and/schedule of duties and professional charges cannot be determined, it can be referred to arbitration by a person to be mutually agreed upon by both parties. Where parties fail to agree within 14 days after either party has given the other a written request to concur in appointment of an arbitrator, an arbitrator may be nominated at the request of either party by the Chairman of the Association of Consulting Engineers of Kenya. The arbitration will be governed and carried out in accordance with the Kenyan Arbitration act 1995 and any subsequent changes to the Act.
A request for ACEK to “appoint” an arbitrator must be submitted by a Party to the ACEKÂ Secretariat in the English language.
The application should include the following:
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- Â Â Â Letter on official company letterhead addressed to the Chairman requesting for the appointment of an Arbitrator
- Â Â Â Evidence that there is a contract between the parties
- Â Â Brief details of the issues under dispute
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The ACEK secretariat will respond to the request advising on the next steps.