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...
1.Introduction Ghana’s Alternative Dispute Resolution Act, 2010 (Act 798) (“hereinafter referred to as the ADR Act”), has been hailed by Scholars as very progressive. Dr. Emelia Onyema described the Act as “comprehensive, modern and forward looking and should enhance Ghana’s chances of being chosen by parties as seat of their arbitration references within sub-Sahara Africa[1].”...
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....
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....
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...