Tag: Arbitration
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 ... Read More
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 ... Read More
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 ... Read More
Setting Aside Arbitral Awards: Justice Justin Kofi Dorgu’s Bold Incision Into The Alternative Dispute Resolution Act, 2010 (Act 798)
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. ... Read More
The Great Balkan Arbitration: It’s a wrap (2)
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)
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
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 Limitedheld that an unsigned arbitration ... Read More
Supreme Court Urges Limited Court Intervention in Arbitral Proceedings
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