International Arbitration Comparative Guide for Ghana Chapter Selector

CREATE A COMPARATIVE GUIDE

Select none

Select all

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?

1.2

Does this legislation differentiate between domestic arbitration and international arbitration? If so, how is each defined?

1.3

Is the arbitration legislation in your jurisdiction based on the UNCITRAL Model Law on International Commercial Arbitration?

1.4

Are all provisions of the legislation in your jurisdiction mandatory?

1.5

Are there any current plans to amend the arbitration legislation in your jurisdiction?

1.6

Is your jurisdiction a signatory to the New York Convention? If so, have any reservations been made?

1.7

Is your jurisdiction a signatory to any other treaties relevant to arbitration?

Arbitrability and restrictions on arbitration

2.1

How is it determined whether a dispute is arbitrable in your jurisdiction?

2.2

Are there any restrictions on the choice of seat of arbitration for certain disputes?

Arbitration agreement

3.1

What are the validity requirements for an arbitration agreement in your jurisdiction?

3.2

Are there any provisions of legislation or any other legal sources in your jurisdiction concerning the separability of arbitration agreements?

3.3

Are there provisions on the seat and/or language of the arbitration if there is no agreement between the parties?

Objections to jurisdiction

4.1

When must a party raise an objection to the jurisdiction of the tribunal and how can this objection be raised?

4.2

Can a tribunal rule on its own jurisdiction?

4.3

Can a party apply to the courts of the seat for a ruling on the jurisdiction of the tribunal? In what circumstances?

The parties

5.1

Are there any restrictions on who can be a party to an arbitration agreement?

5.2

Are the parties under any duties in relation to the arbitration?

5.3

Are there any provisions of law which deal with multi-party disputes?

Applicable law issues

6.1

How is the law of the arbitration agreement determined in your jurisdiction?

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?

Consolidation and third parties

7.1

Does the law in your jurisdiction permit consolidation of separate arbitrations into a single arbitration proceeding? Are there any conditions which apply to consolidation?

7.2

Does the law in your jurisdiction permit the joinder of additional parties to an arbitration which has already commenced?

7.3

Does an arbitration agreement bind assignees or other third parties?

The tribunal

8.1

How is the tribunal appointed?

8.2

Are there any requirements as to the number or qualification of arbitrators in your jurisdiction?

8.3

Can an arbitrator be challenged in your jurisdiction? If so, on what basis? Are there any restrictions on the challenge of an arbitrator?

8.4

If a challenge is successful, how is the arbitrator replaced?

8.5

What duties are imposed on arbitrators? Are these all imposed by legislation?

8.6

What powers does an arbitrator have in relation to: (a) procedure, including evidence; (b) interim relief; (c) parties which do not comply with its orders; (d) issuing partial final awards; (e) the remedies it can grant in a final award and (f) interest?

8.7

How may a tribunal seated in your jurisdiction proceed if a party does not participate in the arbitration?

8.8

Are arbitrators immune from liability?

The role of the court during an arbitration

9.1

Will the court in your jurisdiction stay proceedings and refer parties to arbitration if there is an arbitration agreement?

9.2

Does the court in your jurisdiction have any powers in relation to an arbitration seated in your jurisdiction and/or seated outside your jurisdiction? What are these powers? Under what conditions are these powers exercised?

9.3

Can the parties exclude the court's powers by agreement?

Costs

10.1

How will the tribunal approach the issue of costs?

10.2

Are there any restrictions on what the parties can agree in terms of costs in an arbitration seated in your jurisdiction?

Funding

11.1

Is third-party funding permitted for arbitrations seated in your jurisdiction?

Award

12.1