Arbitration is a form of Alternative Dispute Resolution (ADR). In this procedure the Parties by agreement submit a dispute to one or more arbitrators who make a binding decision on the dispute. In choosing arbitration, the parties opt for a private dispute resolution procedure instead of going to Court. The International Law Division has dealt most successfully most recently in two matters WalAm Energy Inc v Republic of Kenya, and Cortec Mining Kenya Limited, Cortec (Pty) Limited and Stiling Capital Limited v. Republic of Kenya, ICSID Case No. Arb/15/29 the Tribunal awarded about Kshs. 350 million [PLACE A LINK- ]
In the WalAm case, the Tribunal has decided as follows
(1) All of the claimants claims are dismissed
(2) The Claimant shall bear its own legal fees and expenses and the entirety if the costs of the arbitration
(3) The Claimant shall pay the Respondent US$ 648,857.75 corresponding to its share of the costs of arbitration
(4) The Claimant shall also reimburse 75% of the Respondents’ legal fees and expenses in the amount of €3,586,039.28 and US$252,262.82
In the Cortec Mining Kenya Limited, Cortec (Pty) Limited and Stiling Capital Limited v. Republic of Kenya, ICSID Case No. Arb/15/29 the Tribunal awarded about Kshs. 350 million