Arbitration law and KIAC: Law N° 005/2008 on arbitration and conciliation in commercial matters, the arbitration agreement and court referral, tribunals, interim measures and preliminary orders, seat, language and applicable law, setting aside in the Commercial High Court, the Kigali International Arbitration Centre and its 2012 Rules, costs, confidentiality and the KIAC-only rule for Government contracts

The arbitration statute

Arbitration seated in Rwanda is governed by Law N° 005/2008 of 14/02/2008 on arbitration and conciliation in commercial matters, published in the Official Gazette of 06/03/2008 and in force from publication. It has never been amended. The law applies to domestic and international commercial arbitration and conciliation, without prejudice to other Rwandan laws under which certain disputes may not be submitted to arbitration (Article 2). Article 3 defines an international arbitration in Model Law terms, by reference to the parties' places of business, the seat, the place of performance and the parties' agreement. The text follows the UNCITRAL Model Law closely, including the 2006 provisions on interim measures and preliminary orders. Practitioners report that a review of the law and of the KIAC Rules is expected before 2027.

The courts' role is limited: no court intervenes in matters governed by the law except where the law so provides (Article 7). The supporting and supervisory functions, such as appointing arbitrators, deciding challenges and setting awards aside, belong to the competent court, which for the legality of awards is the Commercial High Court under Article 82 of Law N° 30/2018 of 02/06/2018 determining the jurisdiction of courts. The English text of Law N° 005/2008 is in places an imperfect translation, for example calling a set-aside application an "appeal" or "cassation", so the Kinyarwanda and French versions in the Official Gazette should be compared on any point of detail.

The arbitration agreement and the courts

An arbitration agreement is an agreement to submit present or future disputes in respect of a defined legal relationship, contractual or not, to arbitration; it may be a clause in a contract or a separate agreement (Article 9). It must be in writing, but writing is defined broadly: content recorded in any form, even if the contract was concluded orally or by conduct; an electronic communication, including electronic mail, EDI, telex or telefax, if the information is accessible for later reference; an exchange of statements of claim and defence in which one party alleges an agreement and the other does not deny it; and a reference in a contract to a document containing an arbitration clause, if the reference makes the clause part of the contract.

The tribunal may rule on its own jurisdiction, including objections to the existence or validity of the agreement, and the clause is treated as independent of the main contract, so a decision that the contract is void does not by itself invalidate the clause (Article 18). An objection to jurisdiction must be raised no later than the statement of defence, and an objection that the tribunal is exceeding its mandate as soon as the matter arises. Where the tribunal upholds its jurisdiction as a preliminary question, a party may, within 30 days, seek a decision on the matter that is not subject to appeal; the English text refers this request to the tribunal itself, and the point should be checked against the other language versions. A party that proceeds without objecting promptly to a breach of a derogable rule or of the agreement is treated as having waived the objection (Article 6).

A court seized of a dispute covered by an arbitration agreement must refer it to arbitration if a party so requests before submitting its statements on the substance, unless the agreement is null and void, inoperative or incapable of being performed (Article 10), and the registrar must refuse to register a claim where the contractual arbitration was not used (Article 21 of Law No 22/2018). Litigating on the merits without objecting can waive the clause, as the Court of Appeal held in Mukeramirimo Construction v Quality Construction (25 May 2023). Where a bankrupt party's contract contains an arbitration clause, it binds the trustee in bankruptcy if the trustee adopts the contract, and otherwise the bankruptcy court may order a matter to be arbitrated (Article 52) (The court system and choice of forum).

The tribunal, the seat and the proceedings

The parties choose the number of arbitrators, which must be odd; failing agreement there are three (Article 12). No one is excluded by nationality. Failing an agreed procedure, each party appoints one arbitrator and the two choose the third; if a party does not appoint within 15 days of a written request, or the two arbitrators cannot agree within 15 days of their appointment, the court appoints on request, and for a sole or third arbitrator it appoints someone of a nationality other than the parties'; the court's decision is not subject to appeal (Article 13). Arbitrators must disclose circumstances likely to give rise to justifiable doubts about their impartiality or independence. A challenge is made to the tribunal within seven days of learning of the tribunal's constitution or the circumstances, and, if rejected, to the court within 15 days, whose decision is final (Articles 14 and 15).

Failing agreement, the place of arbitration is in Rwanda (Article 32), although hearings and meetings may be held elsewhere. The arbitration starts on the day the respondent receives the request for arbitration, unless otherwise agreed (Article 33). The parties choose the language, failing which the tribunal decides, and the tribunal may order translations (Article 34). The tribunal decides the dispute under the rules of law chosen by the parties; failing a choice, it applies Rwandan law and the international conventions ratified by Rwanda, and it decides ex aequo et bono only if expressly authorised (Article 40). Failing agreement on procedure the tribunal conducts the case as it considers appropriate (Article 31), and may appoint experts and seek the court's help in taking evidence (Articles 38 and 39). The law sets no overall time limit.

The award is in writing, signed, reasoned unless the parties agree otherwise, dated and states the seat, where it is deemed made (Article 43). A settlement may be recorded as an award on agreed terms (Article 42). Within 30 days of receipt a party may ask the tribunal to correct errors, to interpret the award if the parties so agreed, or to make an additional award on claims omitted; unusually, a party may also ask the tribunal to review the award within 30 days where it appears to have been obtained by fraud or on false documents or testimony, and the tribunal decides within 15 days (Article 45).

Interim measures and preliminary orders

Unless otherwise agreed, the tribunal may grant interim measures to maintain or restore the status quo, to prevent or stop action likely to cause imminent harm or prejudice to the arbitration, to preserve assets from which an award may be satisfied, or to preserve evidence (Article 19). The applicant must show likely harm not adequately reparable by damages that substantially outweighs the harm to the other party, and a reasonable possibility of success (Article 20); the tribunal may require security and the applicant is liable if the measure should not have been granted (Articles 27 and 29).

A party may also apply, without notice to the other, for a preliminary order directing the other party not to frustrate the measure requested (Article 24). The tribunal must then inform the other party and hear it at the earliest opportunity, and the preliminary order expires after 15 days unless converted into an interim measure (Article 25). An interim measure issued by a tribunal is recognised as binding and enforced on application to the competent court irrespective of the country where it was issued, subject to reciprocity for measures of Rwandan tribunals, and may be refused only on the limited grounds in Article 22 (Article 21). Independently, a party may ask the court for interim measures before or during the arbitration without breaching the agreement (Articles 11 and 23); in KZ Noir v Kubwimana (2014) the Commercial High Court granted such measures. The summary procedure, the land-transfer block and commercial seizure described in Commercial litigation step by step are available in support of arbitration.

Setting aside an award

An award made in Rwanda may be set aside only if the applicant proves that a party lacked capacity or the agreement is invalid under its chosen law or, failing a choice, Rwandan law; that it was not given proper notice of the appointment of an arbitrator or of the proceedings or was otherwise unable to present its case; that the award deals with matters outside the submission to arbitration (in which case only the severable part is set aside); or that the composition of the tribunal or the procedure did not comply with the parties' agreement or, failing agreement, with the law; or if the court finds that the subject matter is not arbitrable under Rwandan law or that the award is in conflict with the public security of the Republic of Rwanda (Article 47). The last ground is phrased differently from the Model Law's "public policy", which the law uses for foreign awards in Article 51; how far the narrower wording limits review has not been settled in reported cases.

The application must be made within 30 days of the date the applicant was notified of the award or, after a request for correction, interpretation or review under Article 45, of the tribunal's decision on that request (Article 48). The court may suspend the proceedings to give the tribunal an opportunity to resume the arbitration or take other action that eliminates the grounds for setting aside (Article 49). The application is heard by the Commercial High Court, which examines the legality of awards, and its judgment on the application is not subject to appeal (Article 82 of Law N° 30/2018).

The Supreme Court decided several challenges brought before Law N° 30/2018 came into force. In Yari Cornacchia v Nsanawe (26 February 2016) it upheld an award, holding that a missed procedural time limit set for a party is not a ground under Article 47; in Soras v Tromea (21 October 2016) it upheld an award, holding that the principle that criminal proceedings suspend civil ones did not apply; and in ECU v Royal Haskoning DHV (7 December 2018) it held that breach of the procedure agreed by the parties is a ground of nullity. The 2016 decisions were given on appeal before the current rule barring appeals from the Commercial High Court applied, and no later decision confirming the bar in practice was found; parties should nonetheless plan on a single challenge. A claim to compel a public authority to execute an award was held to belong to the Commercial Court in ERJB v Uwamariya (14 December 2021).

KIAC: the institution

The Kigali International Arbitration Centre (KIAC) was established by Law N° 51/2010 of 10/01/2010 establishing the Kigali International Arbitration Centre and determining its organisation, functioning and competence, published in the Official Gazette n° 09 bis of 28/02/2011. It has legal personality and financial and administrative autonomy, sits in Kigali and may open branches abroad (Article 3). Its functions include providing a forum for arbitration and other alternative dispute resolution, accrediting arbitrators and mediators, and advising the Government on arbitration (Article 4), and it may with the parties' agreement use mediation, conciliation or other methods before or during an arbitration (Article 17). It is governed by a board of seven: six members appointed by the Rwanda Private Sector Federation and one by the Minister in charge of Justice, for six-year terms renewable once (Articles 7 and 8), and run by a Secretary General.

Article 5 states that KIAC "is the only competent agency for arbitration on matters related to trade in Rwanda". The provision does not say that arbitration outside KIAC is invalid, Law N° 005/2008 provides for arbitrations without any institution, with arbitrators appointed by the parties or the court, and the express ban on ad hoc arbitration applies to Government contracts. KIAC began operating in May 2012. Professional commentary reports more than 230 cases administered, about 60% of them domestic, with 20 to 25 new cases a year since 2017, a cooperation agreement with the International Centre for Settlement of Investment Disputes (ICSID) signed in April 2019, and an online case management system launched in April 2025. KIAC's website could not be consulted for this guide, so its current fee tables, mediation rules, panel and model clause should be checked directly with the Centre.

The KIAC Rules 2012

KIAC arbitrations are governed by the KIAC Rules in Ministerial Order No 16/012 of 15/05/2012 determining arbitration rules of Kigali International Arbitration Center (KIAC), published in the Official Gazette nº 22 bis of 28/05/2012, which Liedekerke's commentary describes as inspired by the ICC Rules and the UNCITRAL Rules. The claimant files a request with the Secretariat containing the parties' details, the arbitration agreement, the contract, a summary of the dispute and relief with the amounts claimed, and proposals on the number of arbitrators, the seat, the applicable law and the language, with the registration fee; the arbitration starts when a complete request is received, and the Secretariat sends it to the respondent within five days (Article 5). The respondent answers within 14 days (Article 6). The Rules provide for joinder, multi-party claims, claims under multiple contracts and consolidation (Articles 8 to 11).

The tribunal is a sole arbitrator or three arbitrators. If the parties have not agreed the number, the Centre appoints a sole arbitrator unless it decides that the dispute warrants three, in which case each side nominates within 15 days (Article 12). Parties may jointly nominate a sole arbitrator within 15 days, failing which the Centre appoints (Article 13); in a three-member tribunal each party nominates one in the request and answer and, unless the parties agree another method, the Centre appoints the presiding arbitrator (Article 14). Failing agreement, the seat is fixed by the Centre unless the tribunal determines that another seat is appropriate (Article 23); the tribunal decides the language with regard to the language of the contract (Article 26) and, failing a choice of law, applies the rules of law it determines appropriate, taking account of the contract and trade usages (Article 27). The tribunal draws up terms of reference (Article 29) and may order interim or conservatory measures, while a party may still seek court measures before the file reaches the tribunal (Article 33). A party needing urgent relief before the tribunal is constituted may apply to an emergency arbitrator under Schedule II, whose order binds the parties but not the tribunal; the parties may opt out (Article 34).

When the proceedings close, the tribunal must submit a draft award to the Secretariat within 45 days; the Secretariat may suggest changes of form and draw attention to points of substance, and "no award shall be issued without approval of the Secretary General as to its form" (Article 38). The award is notified once the costs have been paid in full, is final and binding from the date it is made, and by agreeing to the Rules the parties waive any form of recourse so far as such a waiver can validly be made (Article 39), which under Rwandan law does not exclude the set-aside application in Article 47. Corrections and interpretations are requested within 15 days (Article 40). The parties and the tribunal must keep the proceedings and award confidential, except to enforce or challenge the award, under a court order, to pursue a legal right, as required by law or a regulator, or with the tribunal's leave (Article 48).

Costs, confidentiality and Government contracts

Under the KIAC Rules the claimant pays a registration fee of USD 250, non-refundable, and a respondent pays the same on filing a counterclaim (Article 43). The Centre's administrative expenses are calculated on the aggregate sum in dispute, including counterclaims and set-offs, under Table 1 of Annex I, with a maximum of USD 23,000 (Article 44). Arbitrators' fees are a flat amount from Table 2 where the sum in dispute does not exceed USD 3,000,000, and on the scale in Table 3 above that (Article 45); the Centre may vary them by up to 20% in exceptional circumstances. The Centre fixes an advance on costs payable in equal shares, and if a party does not pay, the other may pay its share; otherwise the claims may be treated as withdrawn after a period of at least 15 days (Article 41). The costs of the arbitration include the arbitrators' and Centre's fees, tribunal experts and the reasonable legal and other costs of the parties, and the tribunal apportions them, taking account of how efficiently each party conducted the case (Article 42).

For arbitrations outside KIAC the statutory rule is different: the tribunal fixes the costs, defined as the arbitrators' fees, tribunal-requested witnesses and experts and other expenses of the proceedings, which are borne equally unless the award provides otherwise, while "all other expenses incurred by a party shall be borne by that party" (Article 65 of Law N° 005/2008). An ad hoc clause should therefore state expressly that the tribunal may award a party's legal costs. On confidentiality, Article 58 of Law N° 005/2008 imposes it only in conciliation; commentators disagree whether arbitration under the law is confidential by default, so parties should rely on the KIAC Rules or an express clause.

Public bodies are bound by Ministerial Instructions No 612/08.11 of 16/04/2014 setting up modalities for drafting, negotiating, requesting opinions on, signing and managing contracts, as modified in 2015 and 2020. Article 14, unchanged by the modifications, provides that "'Ad-hoc' arbitration is not allowed" and that "a Government official shall not be allowed to apply any international arbitration clause except clauses relating to Kigali International Arbitration Center (KIAC)"; where the other party does not agree, the Minister of Justice and Attorney General decides or negotiates. The model clause annexed to the Instructions provides for disputes not settled amicably or by mediation to be settled by arbitration under the KIAC Rules, with the number of arbitrators, the seat and the language to be chosen. The same Instructions also contain model clauses for arbitration under the UNCITRAL Arbitration Rules (Article 19) and under the East African Court of Justice arbitration rules (Article 20), and do not explain how these fit with Article 14; in practice an investor should expect the KIAC clause, and a request for any other forum will be referred to the Minister of Justice and Attorney General under the last paragraph of Article 14. Where an amicable settlement fails, the public institution asks the Minister of Justice and Attorney General in writing to appoint its arbitrator (Article 23). An investor contracting with a ministry, agency or public institution should expect that clause and negotiate the seat, the language and three arbitrators within it (Investment guarantees, treaties and reporting).

How a KIAC arbitration runs

1. Pre-arbitration stepsComplete and document any contractual negotiation or mediation step; the Supreme Court enforced one in Cheon Kwang v Government of Rwanda (2017).
2. RequestFile with the Secretariat with the agreement, claim summary and amounts, proposals on tribunal, seat, law and language, and USD 250. The case starts on receipt of a complete request.
3. AnswerSent to the respondent within five days; answer and any counterclaim (USD 250) within 14 days.
4. TribunalSole arbitrator by default; in a three-member tribunal KIAC appoints the president unless otherwise agreed.
5. Advance and terms of referenceAdvance paid in equal shares; terms of reference and timetable. Urgent relief from the emergency arbitrator or the court.
6. HearingSubmissions, documents, witnesses and experts; hearings in person or remote.
7. Draft award and scrutinyDraft within 45 days of closing; the Secretary General approves its form.
8. Award and challengeNotified once costs are paid; set-aside application to the Commercial High Court within 30 days, with no further appeal; otherwise enforcement.