Comparative Guides
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Results: 4 Answers
International Arbitration
6.
Applicable law issues
6.1
How is the law of the arbitration agreement determined in your jurisdiction?
 
Ghana
The parties are at liberty to determine the law applicable to the arbitration. In the absence of such agreement, the tribunal is entitled to apply the law as determined by the conflict of law rules it considers applicable and common trade practices applicable to the transaction, if any.

For more information about this answer please contact: Bobby Banson from Robert Smith & Adelaide Law
6.2
Will the tribunal uphold a party agreement as to the substantive law of the dispute? Where the substantive law is unclear, how will the tribunal determine what it should be?
 
Ghana
The tribunal will uphold an agreement between the parties as to the substantive law of the dispute. Where the substantive law is unclear from the agreement of the parties, the tribunal shall select the law as determined by the conflict of law rules applicable to the transaction.

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