Answer ... The Alternative Dispute Resolution Act obliges the court to stay proceedings at any time before a defence to a claim is filed and refer the parties to arbitration if the agreement between the parties that is the subject matter of the court case contains an arbitration clause.
Answer ... The court has certain powers relating to the arbitration proceedings, including the following:
- Under Section 26 of the Alternative Dispute Resolution Act, the High Court has the power to make a determination on whether the tribunal has jurisdiction once the tribunal has decided on that issue.
Where the urgency of the case so requires, the court may, on the application of a party to the arbitration, make orders for:
- the taking and preservation of evidence and assets relating to the proceedings;
- the sale of any goods which are the subject of the proceedings;
- the granting of an interim injunction or appointment of a receiver;
- the determination of any question of law which will substantially affect the rights of the parties in the course of the arbitral proceedings;
- the determination of a challenge to an arbitrator, if the arbitrator is being challenged by the party that appointed him or her; and
- the determination of whether an award (either domestic or international) should be enforced in accordance with the laws of Ghana as if it were a judgment of the court.
Answer ... The parties to an arbitration agreement cannot exclude the powers of the court as conferred by statute.