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 […]
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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. […]
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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 an interested party)[1]has urged courts to hasten slowly in interfering with arbitral proceedings. According to Dotse JSC: “What must be noted is that the provisions in Act 798 on arbitral […]
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Last weekend’s judgment in the “Dispute concerning delimitation of the maritime boundary between Ghana and Côte d’Ivoire in the Atlantic Ocean” by the International Tribunal for the Law of the Sea (“ITLOS”) is bound to enjoy the spotlight and court both public and media attention at least for the next couple of days, and it […]
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On 23rd September 2017, the Special Chamber of the International Tribunal for the Law of the Sea (ITLOS) will deliver its judgment in the Dispute Concerning Delimitation of the Maritime Boundary between Ghana and Côte d’Ivoire in the Atlantic Ocean (Ghana/Côte d’Ivoire)[1]. Hearings in respect of the substantive matter commenced on 6 February 2017 and […]
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Professor Richard Frimpong Oppong of the Faculty of Law of Thompson Rivers University deserves commendation for adding on to the Ghanaian literature on arbitration. In his work “The Government of Ghana and International Arbitration”, he examines, in a deliberate and painstaking manner, a number of arbitral claims and awards made against the Government of Ghana. […]
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