Law applicable
- The constitution of the Republic of Rwanda
- The law governing contracts Rwanda
- Law No 005-2008 on Arbitration and Conciliation in Commercial Matters
- Rules procedure of the appointed Arbitrator
- Relevant laws to the subject matter in the claim (if adispute arises from powerplant contruction then law regulating electricity will be applicable too)
- Among others
- Consult a lawyer about your intention to file arbitration claim.
- The lawyer should peruse all documents intended to be relied on at arbitration to establish if you have a claim.IT would be better if legal audit can be conducted
- Go through the contract which is intended to be subject of arbitration to identify a particular clause that provides for arbitration.
- In the event that the arbitration clause does not specifically provide for Kigali international arbitration center or particular Arbitrator(s) each party should nominate one arbitrator and the two nominated arbitrators by both parts shall nominate the third arbitrator to constitute the panel of arbitration.
- Where the arbitration clause provides for the sole arbitrator but the same is not nominated in the provision, both parties should nominate a sole arbitrator.
- After you are certain of who will conduct arbitration, a claimant should prepare a request for arbitration which should include full particulars of all parties, copy of arbitration clause, brief statement of claim , designate an arbitrator where a panel of three is intended and where a sole arbitrator is intended propose one, other documents among others.
- File that request for arbitration to the intended arbitrators, assessment shall be done for arbitration fees and you pay.
- The request for arbitration shall then be transmitted to the respondent for answer/reply within the prescribed time.
- Upon the respondent answering arbitration request, the arbitrator shall then transmit the answer/reply/response to claimant for rejoinder if any within a particular period.
- The pleadings shall then be closed and the arbitrator shall summon parties for pre trail meeting which shall determine terms of reference.
- After terms of reference being signed the hearing date shall be fixed in accordance to the terms of reference.
- At the hearing, parties shall be heard and the claim determined.
- Incase any party finds mistakes in the award he or she can apply for correction with in a prescribed period.
Author is A regional transactions legal consultant (ADVOCATE) at NOA REGIONAL ASSOCIATED ADVOCATES AND LEGAL CONSULTANTS
Email address: onlinetransactionconsultancy@gmail.com.contacts. +250787311255,+256788105242,+256782105042
What sup +250787311255
Regional transaction consultant(Advocate)
NOTE: whereas the author has made necessary efforts to ensure the accuracy of this post, it is not intended to provide specific legal advice to a particular individual as individual situations may differ.For specific professional/ legal transaction advice on this subject matter and related subject, you may contact the author at online consultancy fee, or contact any transaction legal consultant of your choice.
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