International Arbitration Comparative Guide

1 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?

The Alternative Dispute Resolution Act 798/2010 governs arbitration in Ghana. Section 1 of the act states that the act does not apply to matters which relate to the following:

the national and public interest - a term which is not defined in the act; the environment; the enforcement and interpretation of the Constitution; or any other matter that by law cannot be settled by alternative dispute resolution. Section 2 of the act provides that an agreement to arbitrate must be in writing. However, Section 89 provides that once a dispute has arisen, the parties may orally agree to submit the dispute to customary arbitration.

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

The legislation does not differentiate between domestic and international arbitration per se. The only instance in which the act provides for different regulation concerns the enforcement of domestic awards and foreign awards. Section 57 provides that a domestic award may be enforced in the same manner as a High Court judgment; for a foreign award, by contrast, the conditions laid down in Section 59 must be satisfied before the award can be enforced.

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

The Alternative Dispute Resolution Act largely reflects the UNCITRAL Model law, with the notably addition of recognition of customary arbitration.

1.4 Are all provisions of the legislation in your jurisdiction mandatory?

Once the parties to an agreement have decided to resolve any dispute arising therefrom through arbitration, the Alternative Dispute Resolution Act has mandatory application and must be complied with.

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

No plans to amend the act have been announced.

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

Ghana signed the New York Convention on 9 April 1968 without any reservations. The provisions of the convention were incorporated into Ghanaian law by Section 59(c) of the act.

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

Ghana is a signatory to the International Convention for the Settlement of Investment Disputes.

2 Arbitrability and restrictions on arbitration

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

Section 1 of the Alternative Dispute Resolution Act states that matters relating to the following are not arbitrable:

the national and public interest - a term which is not defined in the act; the environment; the enforcement and interpretation of the Constitution; or any other matter that by law cannot be settled by alternative dispute resolution. Section 72 of the Courts Act 459/1993 also provides that all civil matters are subject to settlement out of court, including settlement through arbitration.

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

There are no such restrictions under the Alternative Dispute Resolution Act.

3 Arbitration agreement

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

All arbitration agreements must be in writing. The written requirement may be fulfilled by any of the following means:

an exchange of written communication, including letters, telexes, faxes or emails; or the exchange of statements of claim and defence in which the existence of the agreement is alleged by one party and not denied by the other. The above notwithstanding, any agreement to arbitrate may be set aside where evidence of any vitiating factor - such as duress, undue influence, mistake or fraud - is adduced to obviate the consent of the party to the arbitration agreement.

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

Yes. Section 2(2) of the Alternative Dispute Resolution Act provides that an agreement to arbitrate may be a clause in an agreement between the parties or may be a separate agreement on its own.

Section 3(1)...