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Evaluating The Kenya-United Kingdom Economic Partnership Agreement, 2020 and its Dispute Resolution Provisions

Evaluating The Kenya-United Kingdom Economic Partnership Agreement, 2020 and its Dispute Resolution Provisions

This paper considers the Economic Partnership Agreement (EPA) between the United Kingdom and Kenya signed on 8thDecember 2020 and which was ratified by the Kenyan Parliament on 9thMarch 2021. The theory underlying the concept of the EPA is that they seek to create greater market access to both countries and are a source of much needed development for the developing such as Kenya. The research considers the nature, importance and historical foundation of EPAs and will address a number of issues particularly as they impact dispute avoidance and settlement which is the focus of this study.

On 8th December 2020 the governments of the United Kingdom and the Republic of Kenya signed and established an economic partnership agreement (EPA) designated as a treaty with investment provisions (TIP)2by the United Nations Conference on Trade and Development (UNCTAD). The EPA3provisionally came into force on 1stJanuary 2021 pending full ratification procedures per the Explanatory Memorandum4and it has since been passed by both the UK and Kenyan Parliaments and now awaits the exchange of ratification documents.