Paul Ngotho, HSC: An Icon of Arbitration in Kenya

Paul Ngotho, HSC: An Icon of Arbitration in Kenya
Paul Ngotho, Chartered Arbitrator and Chartered Surveyor, ranked among top Arbitrators in kenya by Chambers & Partners in 2021

Paul Ngotho stands out as the only Kenyan non-lawyer who continues to be consistently ranked and recognized by the prestigious Chambers Global Guide amongst top experts in Arbitration in Kenya. Arbitrator Paul Ngotho shares this prominent accolade with the top 10 lawyers in Kenya including Senior Counsel George Oraro, Former Attorney General Githu Muigai, Nairobi University Don Dr. Kariuki Muigua, Former LSK President Allen Gichuhi, Former Judges Justice Jonathan B. Havelock and Justice Aron G. Ringera and top-notch lawyers in Kenya.

Chambers Global Guide 2021 Edition states that "Paul Ngotho 'has made a name for himself as an arbitrator,' according to market insiders. He is particularly skilled in construction and property disputes, as well as joint venture, partnership and contractual issues. He presides over both domestic and international arbitrations." In its 2020, Chambers & Partners had noted that Mr Ngotho as an Arbitrator "is a very detailed person who is very passionate about anything that he does."

It does not come as a surprise to those who know Arbitrator Paul Ngotho that he is consistently ranked amongst the top 11 arbitrators in Kenya. Counsel who have appeared before him describe him as a multi-skilled domestic and international arbitrator and construction adjudicator who displays extensive experience and deep understanding of arbitration law and procedure. Little wonder all his arbitration awards have been complied with voluntarily or enforced by courts in Kenya and elsewhere around the world.

Paul Ngotho has a reputation as an arbitrator who approaches disputes with an open mind, is adept at analyzing, interpreting and applying complex data and capable of interpreting and applying legal texts with dexterity. Many counsel for both sides who have appeared before him laud him for managing his cases efficiently and cost-effectively, handling difficult circumstances calmly but firmly, treating all parties with respect, constantly building consensus and ultimately issuing fair and enforceable decisions based purely on the law, facts and the evidence.

But Paul Ngotho is more than just an arbitrator. He is esteemed by his peers in the arbitration fraternity as a consummate arbitration parties' representative, arbitration scholar and author and as a key note speaker in many arbitration conferences in Kenya, Africa and around the world. He has also acted an accredited CIArb Tutor, Course Director, Tutor, Examiner/Assessor and Moderator who has facilitated many courses and programmes for the Chartered Institute of Arbitrators (Kenya Branch) and mentored many Arbitrators and Arbitration Students. He has been LSK resource person on ADR to train on "Lawyers' Role in Construction Adjudication & Dispute Boards."

As an arbitrator, Paul Ngotho has experience working under the English Arbitration Act, the Kenyan Arbitration Act and the UNCITRAL Law which is used in Kenya, Uganda, Rwanda, Canada, Australia, China, India and over 50 other countries in facilitating international commercial arbitrations. He has experience handling arbitration claims in diverse areas including construction, property sale, tenancy, insurance, partnership, joint ventures and matrimonial disputes. He has handled all the major issues in arbitration from pathological clauses, to ambiguous contracts, to contract termination for convenience, to jurisdictional challenges, to expert witnesses, to ex parte proceedings, to conflict of interest and alleged bias challenge, to joinder, to application for security for costs and set-off among others.

In addition to his hands-on experience as an Arbitrator in hundreds of disputes as a sole arbitrator or as member or chair of 3-member Arbitration and Adjudication Boards, Paul Ngotho has acted as a Construction Adjudicator, party representative in numerous Arbitration and Adjudication, expert witness in Arbitration, Adjudication and Courts matters and technical advisor to Counsel. He has also been engaged to undertake many consultancies in Arbitration including drafting of arbitration clauses, case assessment and undertaking confidential due diligence on proposed or potential arbitrators.

Paul Ngotho is highly recommended for Construction Matters due to his professional background as Registered Valuer (RV) and Registered Estate Agent in Kenya. He is a Fellow (FISK) of the Institute of Surveyors of Kenya and Chartered Surveyor of the Royal Institution of Chartered Surveyors, UK. He holds a B.A. in Land Economics (Hons) from University of Nairobi, a Diploma from the Royal Institution of Chartered Surveyors (RICS) and a 9-month Certificate in Building Pathology, Urban Estate Management and Applied Valuation. College of Estate Management, University of Reading, UK.

Paul Ngotho is one the most qualified arbitration experts in the country having a Master of Laws (LL.M) in International Dispute Resolution from University of London, a Post-Graduate Diploma in Law from same university and a Diploma in International Commercial Arbitration from Chattered Institute of Arbitrators (UK). Paul Ngotho has also undertaken the American Arbitration Association's Higginbotham Fellows Program which included Advanced Arbitration Training and 12-month mentorship by a distinguished UK-based International Arbitrator. He is a Chartered Arbitrator and Fellow (FCIArb) of the Chartered Institute of Arbitrators, UK.

Paul Ngotho is on the panels or lists of arbitrators in many prestigious domestic and international arbitral bodies around the world including Chartered Institute of Arbitrators (President's Panel and Kenya Branch), Nairobi Centre for International Arbitration (NCIA), Strathmore Dispute Resolution Centre (SDRC), Tanzania Institute of Arbitrators (TIA), CADER (Uganda), Kigali International Arbitration Centre (KIAC), Cairo Regional Centre International Commercial Arbitration (CRCICA), China International Economic and Trade Arbitration Commission (CIETAC), London Court of International Arbitration (LCIA), The Stockholm Centre (SCC) and International Centre for Dispute Resolution (ICDR).

Paul Ngotho is the Author of the popular arbitration law textbook: Contemporary Issues in Arbitration and Co-author of a Chapter of World Arbitrator Reporter (Prof Loukas Mistelis, Ed.) on Arbitration Law in Kenya. He has published over 50 articles on arbitration many in peer-reviewed journals. He is also the Correspondent for Kenya in the Case Law on UNCITRAL Texts (CLOUT) and has analyzed over 30 Kenyan court cases on Arbitration. For his contribution and service to the Nation as Valuer and Arbitrator, Paul Ngotho was awarded Head of States Commendation (HSC) in 2019.

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