Comparative Guides
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Results: 4 Answers
International Arbitration
1.
Legal framework
1.1
What is the relevant legislation on arbitration in your jurisdiction? Are there any significant limitations on the scope of the statutory regime – for example, does it govern oral arbitration agreements?
 
Ghana
The Alternative Dispute Resolution Act 798/2010 governs arbitration in Ghana. Section 1 of the act states that the act does not apply to matters which relate to the following:

  • the national and public interest – a term which is not defined in the act;
  • the environment;
  • the enforcement and interpretation of the Constitution; or
  • any other matter that by law cannot be settled by alternative dispute resolution.

Section 2 of the act provides that an agreement to arbitrate must be in writing. However, Section 89 provides that once a dispute has arisen, the parties may orally agree to submit the dispute to customary arbitration.

For more information about this answer please contact: Bobby Banson from Robert Smith & Adelaide Law
1.2
Does this legislation differentiate between domestic arbitration and international arbitration? If so, how is each defined?
 
Ghana
The legislation does not differentiate between domestic and international arbitration per se. The only instance in which the act provides for different regulation concerns the enforcement of domestic awards and foreign awards. Section 57 provides that a domestic award may be enforced in the same manner as a High Court judgment; for a foreign award, by contrast, the conditions laid down in Section 59 must be satisfied before the award can be enforced.

For more information about this answer please contact: Bobby Banson from Robert Smith & Adelaide Law
1.3
Is the arbitration legislation in your jurisdiction based on the UNCITRAL Model Law on International Commercial Arbitration?
 
Ghana
The Alternative Dispute Resolution Act largely reflects the UNCITRAL Model law, with the notably addition of recognition of customary arbitration.

For more information about this answer please contact: Bobby Banson from Robert Smith & Adelaide Law
1.4
Are all provisions of the legislation in your jurisdiction mandatory?
 
Ghana
Once the parties to an agreement have decided to resolve any dispute arising therefrom through arbitration, the Alternative Dispute Resolution Act has mandatory application and must be complied with.

For more information about this answer please contact: Bobby Banson from Robert Smith & Adelaide Law
1.5
Are there any current plans to amend the arbitration legislation in your jurisdiction?
 
Ghana
No plans to amend the act have been announced.

For more information about this answer please contact: Bobby Banson from Robert Smith & Adelaide Law
1.6
Is your jurisdiction a signatory to the New York Convention? If so, have any reservations been made?
 
Ghana
Ghana signed the New York Convention on 9 April 1968 without any reservations. The provisions of the convention were incorporated into Ghanaian law by Section 59(c) of the act.

For more information about this answer please contact: Bobby Banson from Robert Smith & Adelaide Law
1.7
Is your jurisdiction a signatory to any other treaties relevant to arbitration?
 
Ghana
Ghana is a signatory to the International Convention for the Settlement of Investment Disputes.

For more information about this answer please contact: Bobby Banson from Robert Smith & Adelaide Law