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A section of Dusit D2 hotel in Nairobi located along river driver. [Edward Kiplimo, Standard]
The auctioneer's hammer will not come down on 14 Riverside Drive as the property, which faces auction over a dispute that has spiralled far beyond its commercial origins, was granted a stay order by the High Court at the eleventh hour.
Having followed this case closely, I am struck by the risks that arise when fairness in arbitration is lacking. Arbitration is designed to deliver speed, certainty, and finality.
But those benefits depend on procedural fairness and care by both arbitrators and parties. Without these safeguards, arbitration risks producing outcomes that are not only harsh but also irreparably unjust.
