HOW TO FILE ARBITRATION CASE / CLAIM IN RWANDA AT KIGALI INTERNATIONAL ARBITRATION CENTRE (KIAC)

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
 Law n° 51/2010 of 10/01/2010 establishing the Kigali International Arbitration Centre and determining its organization, functioning and competence
 Law No 16/012 of 15/05/2012 Ministerial Order determining arbitration rules of Kigali International Arbitration Center (KIAC)
 Relevant laws to the subject matter in the claim
 Among others

1. Consult a lawyer about your intention to file arbitration claim.
2. The lawyer should peruse all documents intended to be relied on at arbitration to establish if you have a claim.
3. If possible, legal audit should be conducted on the case to ensure that the claim is watertight
4. Go through the contract which is intended to be subject of arbitration to identify a particular clause that provides for arbitration to be conducted by Kigali international Arbitration Centre.
5. In the event that the arbitration clause does not specifically provide for Kigali international arbitration center but parties want their arbitration dispute to be subjected to Kigali international arbitration Centre they can amend the contract by way of an addendum specifically providing for Kigali international arbitration Centre or agree in writing that the said dispute be subjected to Kigali international arbitration Centre.
6. The aggrieved party/claimant should prepare a request for arbitration indicating all particulars of the parties, the claim, legal basis and any other documents, pay registration fee and file it.
7. In case you had not filed statement of claim with the request for arbitration. you need to prepare a statement of claim and file it to.
8. KIAC secretariat shall review the application whether it conforms to the requirements.
9. If it conforms, within 5days of receipt of the application/request for arbitration, the secretariat shall serve/transmit a copy as submitted the respondent.
10. The respondent shall within 14 days of receipt of the request/application for arbitration answer/reply to the request/application indicating all necessary particulars.
11. Incase the respondent has a counter claim filing fees need to be paid in accordance to the amount counter claimed.
12. Within 5 days from the date of receipt of the answer to request for arbitration, KIAC secretariat shall transmit/serve the answer to the claimant.
13. The request shall be assessed for payment of arbitration fee which depends on the amount claimed.
14. File that request for arbitration to the intended arbitrators, assessment shall be done for arbitration fees and you pay.
15. The request for arbitration shall then be transmitted to the respondent for answer/reply within the prescribed time.
16. Where parties had agreed on the sole arbitrator, they may by agreement nominate and KIAC confirms however where there is no sole arbitrator agreed by the parties KIAC shall nominate names of sole arbitrators where parties shall each select three names from the list the one who is most selected by parties may be confirmed by KIAC.
17. Where the arbitration clause provided for three arbitrators, each party shall nominate one and KIAC shall nominate the third one who may become the head panel.
18. After the appointment of the arbitrators any party can challenge appointment of any arbitrator by notice,
19. In case there is no objection KIAC secretariat shall transmit the file to the Arbitral tribunal.
20. The arbitral tribunal upon receiving the file, it shall summon parties for drawing up terms of reference in light of what is record.
21. The claimant shall then file statement of facts supporting the claim, legal grounds/arguments, relief claimed with quantified amount and the respondent shall file a response/defense.
22. In case in the terms of reference parties agreed for oral hearing, witness shall be called, examined and cross-examined after which the submissions will follow.
23. Upon closing submissions, the arbitrator tribunal shall prepare award and transmit it to KIAC secretariat who will then transmit to parties.
24. Incase of any errors or clarification, any aggrieved party can lodge a request for clarification, correction or interpretation of the award or KIAC on its own can request.
25. The arbitral tribunal shall ask the other party to respond to the application for correction, interpretation or clarification.
26. After submission on the same the arbitral tribunal shall determine the request and transmit the award as addendum to the secretariat of KIAC for eventual transmission to the parties.

Author is A regional transactions legal consultant (ADVOCATE) at NOA REGIONAL ASSOCIATED ADVOCATES AND LEGAL CONSULTANTS
Email address: onlinetransactionconsultancy@gmail.comcontacts. +250787311255,+256788105242
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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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