Expertise

Alternative Dispute Resolution

A.B. Patel & Patel has a well-established and highly regarded alternative dispute resolution department which advises on a full range of contentious commercial disputes including shipping, marine, construction and trade disputes as well as matters arising out of contractual claims, tax demands, fraud, insolvency, environmental and real estate disputes. In addition to this, the firm has undertaken diverse litigation involving Administrative, Constitutional and Election Laws.

The firm’s team has comprehensive knowledge and legal expertise in all these specialist areas and has successfully represented clients at the High Court, the Court of Appeal and Supreme Court of Kenya as well as in arbitration and before Dispute Adjudication Boards in complex shipping, construction, real property, trade & commercial disputes. In addition to this, A.B. Patel & Patel also has extensive experience in alternative dispute resolution including mediation, arbitration and adjudication.

Notable Transactions
  • Represented Vipingo Ridge Limited on claims by residence owner on issues of service charge element.
  • Advising the Kenya Ports Authority successfully in the arbitration/adjudication with Van Oord arising out of sum of an amount withheld by it for cables damage incident. The claim lodged in adjudication under the agreement with the Authority at the London Court of International Arbitration was determined by a Dispute Adjudication Board of three eminent London Q.C’s. Value in excess of US$ 8million.
  • Represented the Kenya Ports Authority on a salvage claim arising out of the grounding of a motor vessel off the Kenyan Coast. The Authority and its co-contractors subsequently lodged a claim for salvage remuneration and the matter was referred to arbitration in London. Value in excess of EUR 2million.
  • Represented the Kenya Ports Authority on claims for salvage remuneration involving ships that ran into difficulty in Kenyan territorial waters with cargo valued at in excess of US$ 42million which cumulatively resulted in successful recoveries for the contractors following reference of the matters to arbitration in London.