Comparative Guides
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Results: 4 Answers
International Arbitration
3.
Arbitration agreement
3.1
What are the validity requirements for an arbitration agreement in your jurisdiction?
 
Ghana
All arbitration agreements must be in writing. The written requirement may be fulfilled by any of the following means:

  • an exchange of written communication, including letters, telexes, faxes or emails; or
  • the exchange of statements of claim and defence in which the existence of the agreement is alleged by one party and not denied by the other.

The above notwithstanding, any agreement to arbitrate may be set aside where evidence of any vitiating factor – such as duress, undue influence, mistake or fraud – is adduced to obviate the consent of the party to the arbitration agreement.

For more information about this answer please contact: Bobby Banson from Robert Smith & Adelaide Law
3.2
Are there any provisions of legislation or any other legal sources in your jurisdiction concerning the separability of arbitration agreements?
 
Ghana
Yes. Section 2(2) of the Alternative Dispute Resolution Act provides that an agreement to arbitrate may be a clause in an agreement between the parties or may be a separate agreement on its own.

Section 3(1) also provides that the invalidity of an agreement does not render an arbitration clause therein or an agreement to arbitrate a dispute arising therefrom unenforceable.

For more information about this answer please contact: Bobby Banson from Robert Smith & Adelaide Law
3.3
Are there provisions on the seat and/or language of the arbitration if there is no agreement between the parties?
 
Ghana
Under Ghanaian law, in the absence of a seat of arbitration clause in the agreement, the arbitrator is entitled to choose which seat has the closest connection to the dispute.

Again, where there is no agreement as to the language to be used between the parties, the arbitrator shall determine the language to be used for the arbitration.

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