Comparative Guides

Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.

Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.

Start by selecting your Topic of interest below. Then choose your Regions and finally refine the exact Subjects you are seeking clarity on to view detailed analysis provided by our carefully selected internationally recognised experts.

4. Results: Answers
International Arbitration
6.
Applicable law issues
6.1
How is the law of the arbitration agreement determined in your jurisdiction?
Ghana

Answer ... 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

Answer ... 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
Contributors
Topic
International Arbitration