International Commercial Arbitration at Ghana
Here’s an overview of International Commercial Arbitration in Ghana:
International Commercial Arbitration in Ghana
Legal Framework:
Ghana is a signatory to the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, facilitating the enforcement of international arbitral awards.
The primary domestic arbitration legislation is the Alternative Dispute Resolution Act, 2010 (Act 798), which provides a modern legal framework for arbitration and other ADR methods.
Ghana’s arbitration law is largely modeled on the UNCITRAL Model Law on International Commercial Arbitration, providing consistency with international best practices.
The courts in Ghana generally support arbitration and maintain limited intervention in arbitral proceedings.
Key Features:
Arbitration agreements must be in writing and are recognized and enforced by Ghanaian courts.
Parties have freedom to select the seat of arbitration, governing law, and procedural rules.
Arbitration can be conducted either ad hoc or under institutional rules, with the Ghana Arbitration Centre (GAC) being the primary local arbitration institution.
Ghanaian courts assist in matters such as appointment of arbitrators, granting interim relief, and enforcement of arbitral awards.
Grounds for refusal of enforcement are narrow, aligned with the New York Convention standards—issues like invalid arbitration agreement, violation of public policy, or procedural irregularities.
Practical Considerations:
Ghana is regarded as arbitration-friendly, with a growing arbitration culture especially in sectors like oil and gas, construction, and commerce.
The Ghana Arbitration Centre offers institutional arbitration services with internationally accepted rules.
Local courts show respect for the arbitration process and awards but are still developing their expertise relative to more mature arbitration jurisdictions.
Arbitration is increasingly favored for resolving cross-border commercial disputes involving Ghanaian businesses.
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