Reviews of developments in the arbitration space in Ghana over the past few years point to the growing appeal of arbitration as a viable alternative to traditional dispute resolution through national courts. This appeal may be attributed to some inherent advantages that come with arbitration, including speed, flexibility, privacy and finality of the awards. Evidence of the growing appeal of arbitration is further seen in the practice of lawmakers incorporating the terms of the Alternative Dispute Resolution Act 2010 (Act 798 (the ADR Act)) into various statutes.
This 2023 review outlines the key legislative developments and case law developments in Ghanaian arbitration. It discusses cases regarding the impact of an admission of liability on an agreement to arbitrate, the scope of the arbitrator’s mandate to correct errors, the prospects of appealing arbitral awards in employment disputes and the issue of granting anti-arbitration injunctions in Ghana.
Discussion points
- Developments in statutory law
- Impact of an admission of liability on arbitration clauses
- Correction of arbitral awards
- Appealing arbitral awards in employment disputes
- Anti-arbitration injunctions
Referenced in this article
- Alternative Dispute Resolution Act 2010
- Larry Ettah v Wonda World Property
- Malak Nasser v Oxford Properties
- Labour Act 2003
- GCB Bank v Jarvis Asiedu & Ors
- Attorney-General v Cassius Mining
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You can also read the article on the GAR website here
