Category: Arbitration

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Arbitrability of Claims of Forgery of Arbitration Agreement – Has Ghana Law Departed From the Prima Paint Rule?
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Arbitrability of Claims of Forgery of Arbitration Agreement – Has Ghana Law Departed From the Prima Paint Rule?

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...

Essential Things to Know About  Separability of Arbitration Agreement
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Essential Things to Know About Separability of Arbitration Agreement

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...

The Jurisprudence of Separability of Arbitration Clauses & Allegation of Fraud to Prevent a Reference to Arbitration
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The Jurisprudence of Separability of Arbitration Clauses & Allegation of Fraud to Prevent a Reference to Arbitration

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...

Tingey Injury Law Firm
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Ghana’s Push for Compulsory Arbitration in Respect of Some Causes of Action- A Hit or A Miss?

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...

Insolvency and Arbitration: An Analysis of Ghana’s Alternative Dispute Resolution Act, 2010 (Act 798)
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Insolvency and Arbitration: An Analysis of Ghana’s Alternative Dispute Resolution Act, 2010 (Act 798)

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...

The Call for the Exhaustion of Local Remedies for the Resolution of Disputes Arising from the Extraction and Utilization of  Ghana’s Natural Resources.
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The Call for the Exhaustion of Local Remedies for the Resolution of Disputes Arising from the Extraction and Utilization of Ghana’s Natural Resources.

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 Great Balkan Arbitration: It’s a Wrap (1)
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The Great Balkan Arbitration: It’s a Wrap (1)

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....

Is an Unsigned Arbitration Agreement Valid?
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Is an Unsigned Arbitration Agreement Valid?

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....