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Case Study details
Civicon-KPA Arbitration
High-Value Arbitration Against Kenya Ports Authority
Civicon Limited sought restraining orders against the Kenya Ports Authority to prevent claims on its Performance Guarantee (USD 938,962) and Advance Payment Guarantee (USD 937,780) related to Tender Number PRQ20150620. The team, led by Kipkurui Cornelius, successfully recorded a consent in favor of the client. Later, an Arbitral Award issued in 2017 resolved additional disputes between Civicon (Kenya & Mauritius), Kivuwatt Limited, and BNY Mellon Corporate Trustees Services Limited, resulting in a favorable settlement agreement.
Name: Kipkurui Cornelius
Categories: Commercial Arbitration
Location: Kenya
Date: 2015 - 2017
Status: Successfully Settled
Duration: Several Years
Challenges of this Case
The case involved a high-value arbitration with complex contractual disputes, including Performance Guarantees and Advance Payment Guarantees. Challenges included coordinating with multiple parties across different jurisdictions and negotiating settlements while protecting the client’s financial interests.
- Securing restraining orders to prevent wrongful claims on company guarantees.
- Managing multi-party disputes involving local and international entities.
- Negotiating favorable settlements while maintaining compliance with arbitration awards.
- Handling legal documentation and court filings efficiently.
Results of this Case
The arbitration and related court proceedings concluded successfully. The client obtained favorable consents preventing claims on Performance and Advance Payment Guarantees, and subsequent arbitration led to a settlement agreement for additional contract disputes valued at approximately USD 15 million. The outcome safeguarded Civicon’s financial and contractual interests.
Relevant Partner Experiences
- Representation of Civicon Limited in multiple arbitration claims against Kenya Ports Authority and other parties.
- Successfully negotiated settlements for disputes involving USD 15 million Arbitral Award claims.
- Expertise in commercial dispute resolution, Performance Guarantees, and cross-border contract matters.
- Additional experience in employment disputes, tax disputes, fund recovery, corporate insolvency, and M&A advisory.
- Management of complex multi-jurisdictional legal matters and coordination with international stakeholders.