Mediation And Arbitration

OPINIONS

Not so fast: Disputed debts and arbitration clauses as a shield against insolvency proceedings

Can a contractor pursue insolvency proceedings where the debt is disputed and an arbitration clause exists? This was the central issue before the Court of Appeal in Kwale International Sugar Company Limited v Epco Builders Limited & 2 Others [2025] KECA 227 (KLR), a case with implications for contractors, employers and legal practitioners navigating construction […]