Category: Arbitration

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

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

Bobby Banson- July 17, 2024

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 ... Read More

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

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

Ghana Law Hub- November 28, 2023

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 ... Read More

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

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

Bobby Banson- July 14, 2022

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 ... Read More

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

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

Bobby Banson- April 10, 2022

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 ... Read More

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

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

Seth Ansong- January 27, 2020

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 ... Read More

The Great Balkan Arbitration: It’s a wrap (2)

The Great Balkan Arbitration: It’s a wrap (2)

Samuel Alesu-Dordzi- October 31, 2019

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. ... Read More

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

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

Samuel Alesu-Dordzi- October 28, 2019

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 ... Read More

Victim-Offender Mediation and the Criminal Justice System

Victim-Offender Mediation and the Criminal Justice System

Prudence Batinge- February 7, 2019

Under the criminal justice system, a crime is regarded as an offence against the state and not the victim.The state steps into the shoes of ... Read More

Is an Unsigned Arbitration Agreement Valid?

Is an Unsigned Arbitration Agreement Valid?

Samuel Alesu-Dordzi- January 28, 2019

The Supreme Court of India, late last year,  in M/s Caravel Shipping Services Private Limited v M/s Premier Sea Foods Exim Private Limitedheld that an unsigned arbitration ... Read More

Supreme Court Urges Limited Court Intervention in Arbitral Proceedings

Supreme Court Urges Limited Court Intervention in Arbitral Proceedings

Samuel Alesu-Dordzi- November 19, 2018

The Supreme Court in the case of The Republic v. High Court (Commercial Division, Accra) Ex-Parte: GHACEM Limited (AJ FANJ Construction & Engineering Limited as ... Read More