Abstract

Arbitration has emerged as one of the most efficient forms of dispute especially in relation to international commercial and investment disputes. This is due to the large support it has received from international organization especially the UN which established the UNICITRAL rules and has been a basis for many convention such as the The Convention on the Recognition and Enforcement of Foreign Arbitral Awards also called the “New York Convention” which has over 172 signatory states. This paper is focused on analyzing the arbitration preference of three states Kenya, Eswatini and India and seeing their approach towards arbitration. Due to the countries each country have a different approach towards its judiciary an analysis of these three countries will provide a clear view on how countries have accepted arbitration as a means of international dispute. This research will be focusing on four aspects of arbitration in each country legal framework, institutional arbitration , procedure and enforcement of award. By looking at how each country has worked on these aspects we can determine their openness to international arbitration. I conclusion to this research the challenges each country faces will be highlighted and possible future steps will be recommended.

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