1.Introduction There is no doubt that in most recent times, the approach of the court in Ghana is to as much as possible, promote alternate means of settling disputes other than by judicial adjudication. Where the Parties have agreed to settle a dispute by arbitration, the courts in Ghana will, unless that agreement is waived...
Introduction The doctrine of separability in commercial arbitration is the principle that arbitration clause is not merged with the contractual agreement. Separability principle makes the arbitration clause a stand-alone clause. It is an agreement in its own right in accordance with section 3(1) of the Alternative Dispute Resolution Act, 2010 (Act 798) which provides as...
Author: James Gawuga Nkrumah Introduction Increasingly, arbitration is becoming the norm for dispute resolution and not really an alternative to litigation. Parties to commercial agreements continue to designate arbitration under dispute resolution clauses as their preferred mode for resolving disputes. Absent that, parties themselves are able to agree to arbitrate their disputes whenever they arise...
Introduction The word “arbitration” has gained a lot of traction in recent years. It is now “fashionable” or “chique” to incorporate arbitration clauses in all kinds of agreements. Even legislative drafters have caught on to this “new wave” of including arbitration provisions in public legislation. Hence, Acts of Parliament and subsidiary legislation passed in the...
1.Introduction Conflict has become accepted as part of human engagements and endeavours. When conflict arises, the disposition of the parties involved in it is to solve it amicably or through the judicial avenues provided for the State. Sometimes, Parties who are engaged in any undertaking may agree that disputes which arise in the course of...
Introduction When negotiating international contracts involving the extraction of natural resources, the parties (the Investor and the State) carefully consider their choice of governing law and dispute resolution clauses (arbitration agreements) which are expressly set out in the contract. For example, Article 24 of the Petroleum Agreement between the Government of the Republic of Ghana, Ghana National Petroleum Corporation, Tullow Ghana Limited,...
The first part of this piece dealt with how the Government of Ghana (“GoG”), Balkan Energy LLC (“BEC”) and Balkan Energy Ghana (“BEG”) came together. In sum, it was a union of necessity. GoG needed someone to fix its power barge. And the Balkan sisters (BEG and BEC) came over to help. The relationship was...
Introduction In 2007, Ghana was faced with an energy crisis. The Akosombo Dam, the country’s main source of hydro-energy was in distress. The water levels could not sustain power generation. The Ghanaian government had to find other means of generating electricity to cater for domestic and industrial needs. The Government had a number of ideas....
Under the criminal justice system, a crime is regarded as an offence against the state and not the victim.[1]The state steps into the shoes of the victim and prosecutes the offender. In the end, the state focuses on punishing the offender to either pay a fine to the state or commit the offender to a...
The Supreme Court of India, late last year, in M/s Caravel Shipping Services Private Limited v M/s Premier Sea Foods Exim Private Limited[1]held that an unsigned arbitration agreement is valid and good in law. In the view of the Indian Supreme Court, all that was required under the law is that the arbitration agreement is in writing....