1.

2021 MARCH QUESTION 6

Compare and contrast Customary arbitraCon as known in the customary
sense with provisions of the Act.
Brief descripCon of the ADR Act.
ACT =2010 and it covers 3 ADR mechanisms; arbitraCon , mediaCon and
customary arbitraCon. Customary arbitraCon has been set in PART 3 of the
Act.
Brief descripCon of customary arbitraCon
Is a form of dispute sePlement which dates back to pre colonial Cmes for
the sePlement of dispute through informal but a laid down process defined
in accordance with relevant customs--- PONG v MANTE.

Elements of customary arbitraCon—BUDU v Caesar //Dzasimatu v Dokosi

a. Voluntary submission-sec 90 (6)
b. Informal process but based on the merits-sec 93 BUT even though there
is no requirement to conform to strict legal process, sec 93 allows for the
adopCon of arbitraCon procedures.(deviaCon)
c. Prior agreement to accept award—sec 90 and 105
d. Not arbitrary but conforms to NJ—sec 98 and 99 +93-Akakyie v adiyie
e. PublicaCon of award—no provision for the tradiConal modes of
publicaCon—(Ex parte Kpordovie) (deviaCon) BUT 108+110+111
(Registered at the district court, circuit and high court)-wriCng---
enforced as a judgment of the court.
Key principles
1. Award of custom was delivered orally- Amponsah v AkwaCa—sec
108.
2. Payment of a token was not necessarily the posiCon in all customs-
Rep v Ga Trad Council ex parte Damarley BUT COMPULSORY NOW
UNDER SEC 90
3. No jurisdicCon to deal with crimes--- Gym v Insaidoo =sec 89
4. No backing out aier submission=Amponsah v AkwaCa =sec 105 5.
RecogniCon of the process by the law= ADR Act = Pong v Mante.
 Inroads
1. The influence of the ADR Centre-sec 94
2. Provision of Cme limits for discharge of duCes-sec 104 and 107
3. NegoCaCon for a sePlement – sec 113
4. Enforcement of award..formerly=issuance of a writ-Appiah v Okyir --
now enforce under sec 110 and 111

2. JUNE 2021 QUESTION 6

Briefly describe mediaCon and the mediaCon process.
NegoCaCon with a neutral thirdparty whose duty is to the aid the parCes in
idenCfying their interests, semng down opCons and choosing amongst the opCons
the best approach/soluCon.
Process has 8 stages;

- Opening statement
- Telling of stories
- IdenCfying/wriCng down issues / points of controversy and arriving at easy
agreements (points of common agreement)
- Development of opCons
- Caucusing
- Making of a choice by parCes
- Agreement reaching
- Draiing and signing of the agreement.
Explain the mediaCon opening statement
Introductory statement delivered by the mediator to commence the mediaCon
process.
Stages and their importance
 - IntroducCon of mediator and parCes --- familiarizaCon and diffuse tension. -
CommendaCon of parCes – insClling assurance and posiCvity in parCes.
- Define the role of mediator—educaCon purposes and it helps parCes to
affirm their decision.
- Independent and neutrality —insCll trust
- Describe the process –semng down rules and procedures
- Explain the concept of caucusing – insCll confidence and trust in the
mediator.
- Concept of confidenCality--- emphasizing the collecCve duty of
confidenCality.
- LogisCcs—educate the parCes of provisions made to facilitate the process
- Solicit and answer quesCons—clear all doubts
- Joint commitment to begin --- affirmaCon of their agreement.
The role of the opening statement.

- Diffuse tension.
- Effect educaCon of the process/procedure - AffirmaCon for an agreement.
- InsCll trust and confidenCality
- Ensure familiarizaCon
- Set down ground rules
- Effect educaCon of the effect of mediaCon

3. 2022 Supplementary QuesCon 6

What is the role of maslows theory of needs in the negoCaCon process?
Define negoCaCon and the types
Joint process by two or more parCes in a dispute without the involvement of a
third party and with a goal to reach a decision. From literature, 4 main types—
hard negoCaCon, soi negoCaCon, Ct for tat negoCaCon and principled
negoCaCon.
Explain principled negoCaCon
The type of negoCaCon where a soluCon is derived from focusing on interest and
needs as compared to adopCng a concrete posiCon.
Describe the process used for principled negoCaCon-strategies..
Separate the people from the problem –recognize the influence of percepCon,
emoCon and communicaCon on the process.
Focus on interest- needs of people as compared to their posiCons on a maPer.—
WHY QUESTION? And not WHAT IS YOUR POSITION ON THE MATTER?
List OpCons--- available to solve the dispute
Analyse the opCons using an objecCve strategy – a subjecCve approach may focus
on posiCons.
Developing a BATNA—SUBSTITUTE FOR A NEGOTIATION SETTLEMENT
Joint decision to agree
Discuss the theory of needs and the role it plays in the process.
Abraham Maslow propounded the theory of needs. –needs of man are in a
hierarchy…
Hierarchy
Transcendence – help others
Self-actualizaCon --- highest point
AestheCc needs –beauty needs
Learning needs – aPain addiConal informaCon
Esteem needs –respect and recogniCon
Belonging needs—family and love
Safety needs—protecCon and security
Physical needs--- food shelter
Role of the theory of needs for negoCaCon.
 - Helps in idenCfying interest
- Helps to drive the negoCaCon process - Helps in idenCfying opCon.
- Helps reach a decision…..
- Helps in understanding the stories and posiCons of both parCes.
- Helps parCes to develop a BATNA
- Helps parCes to leave or stay the negoCaCon table so as not to waste Cme
and money.

4. QUESTION 4 OF SUPPLEMENTARY 2022

Ethics for the purpose of dispute sePlement

Whether the ethics are reflected in the ADR Act

Ethics
--- dispute sePlement must command trust and confidence of liCgants. ---there is
a standard moral expectaCon of the third party mediator, arbitrator or judge from
liCgaCons.
List some ethical consideraCons for ADR

- ConfidenCality - independence -fairness/NJ

- Reasonability of fees - conduct of the third party (willingness and not
repulsiveness) -disclosure of interest
Proceed to speak to the ADR Act. --- All 3 parts of act + the schedules.
ArbitraCon
Sec 31 –duty of an arbitrator.
Sec 23 – Immunity of arbitrator(issues of bad faith)
Sec 56- fees (withhold award on non payment of fees)
Sec 41 – Natural JusCce // sec 58-semng aside award
Sec 29- management conference (determinaCon of fees)
MediaCon
Sec 67 and 68- issues of interest and disclosure of interest
Sec 74 – powers of the mediator
Sec 78 – disclosure to parCes –linked to caucusing
Sec 84 +86 – bar on the mediator to be a party in arbitraCon or liCgaCon
concerning the same subject maPer.
Sec 88 – rendering of accounts by mediator
Customary ArbitraCon
Sec 89 – bar of arbitraCon on criminal maPers
Sec 90—payment of token
Sec 90 (6)—person cannot be coerced to partake in customary arbitraCon
Sec 93 – upholding natural jusCce
Sec 98 + 112-disclosure of interest by arbitraCon
2ND SCHEDULE

Paragraph 43 -2nd schedule –fees of arbitrators at the ADR Centre.

4TH Schedule

Paragraph 5- mediator should disclose interest.

5. QUESTION 6 OF JUNE 2016

Court connected adr
What is court connected adr?
Court process/liCgaCon promoCng adr..mediaCon, arbitraCon or customary
arbitraCon
Place of it in Ghana?
SecCon 73 and 64 of the courts act.
Sec 91 of the adr act – remission to customary arbitraCon
Sec 6 and 7 of the adr act – remission to arbitraCon
Sec 64 of the adr act- remission to mediaCon
Order 58 – Commercial Court Rules
JusCficaCon?

a. Mends relaConship
b. Focuses on the psychology of vicCms.
c. ConfidenCality
d. Usage of technocrats for sePlement of disputes
e. Faster as compared to the liCgaCon process
Demerits

a. Waste of Cme if there is no resoluCon

b. Bypass for evading punishment
c. Affects the morality of the society
ARGUE THAT THE POSITIVES OUTWEIGH THE NEGATIVES.

6. SUPPLEMENTARY 2020 QUESTION 6

RestoraCve JusCce
7. SUPPLEMENTARY 2020 QUES 5--- VOM
8. QUESTION 5 OF SUPPLEMENTARY 2022- ADR CASES

1. ObjecCves of the act as stated in the memorandum.

-ADR ACT 2010
Long Ctle= arbitraCon mediaCon customary arbitraCon adr centre
ArbitraCon act …
Purpose for the act

a. Respect the decisions of parCes concerning prescribing resoluCon

mechanisms to govern their disputes outside liCgaCon
 b. Encourage out of court sePlement due to the case load in court.
c. Speedy and efficient dispute resoluCon
d. Promote the sePlement of disputes by persons with technical knowledge

2. Ex parte Balkan energy

ApplicaCon filed to interpret and enforce the consCtuCon specifically arCcle
181. The case concerned the legality of transacCons between a state agency
and an internaConal enCty. In that agreement, there was stated/defined an
arbitraCon clause which was specified to govern all disputes. In determining
the legality of the agreement, the court held that the agreement was a
nullity as it contravened the consCtuCon. The court further held that since
the agreement was a nullity, the arbitraCon clause could not be enforced.

Point where the decision contravenes the act and the purpose aas stated in
the memorandum;
i. Contravened the principles of pacta sund servanda—Party autonomy.
ii. Kompetenz – arbitrator has the power to determine his jurisdicCon
or not. iii. Seperability of agreements

3. Other case where the court respected the memorandum

Case provision ContenCon/Issue Holding
 1. De simone v olam gh ltd 6, 7 and 54 Whether or not parCes 1. ArbitraCon
to an arbitraCon agreement creates a
agreement can proceed right which can be
to liCgaCon? waived if parCes fail
to comply with the
Cmelines and
substance of sec 6.
2. The court cannot
force parCes to
resort to arbitraCon
under sec 7. The
consent of such
parCes is important.
2.. Ex parte Ghacem 40 and 31 Whether or not the court 1. The arbitrator is
has the power to join considered as the
third parCes to an master of the
arbitraCon? arbitraCon
procedure- sec 31 sub
3
2. The power of the
court to interfere
under sec 40 did not
extend to procedural
maPers specifically
joinder applicaCon
SUBJECT TO THE ADR
ACT.
3. Shakari Ltd v Broadband Sec 59 Whether or not the 1. Due to the failure of
company ltd provisions in sec 59 were the applicants to
mandatory; comply with sec 59,
a. The applicant failed leave was refused.
to prove that there
was a reciprocal
agreement or the
award was made in
the country

governed by a
convenCon.
b. The copy of the
award aPached
was not the
original and it was
also not
authenCcated.
4. Dutch African trading co 57, 58 and Whether or not a foreign 1. The court cannot
ltd v west African mills ltd 59 award can be enforced enforce such award
using the inherent with its inherent
jurisdicCon of the court? jurisdicCon because
there is a statutory
Whether or not sec 59 provision.
was mandatory? 2. Failure to aPach a
copy of the
arbitraCon
agreement was fatal.

-juxtaposed its reasoning

with arCcle 4 of the new
York convenCon.
5. BCM gh ltd v AshanC Sec 1 2 6 - Party Argued that - KOMPETENZ
Goldfields Ltd and 24 due to the nature - Sec 24
of the case, the
proper forum - When an objecCon is
should be liCgaCon raised under sec 6,
and interpretaCon the duty of the court
will be within the was to grant that
preserve of the objecCon if the scope
court of the agreement
related to the
dispute. PACTA SUND
SERVANDA

6. Carbon commodiCes dmcc v Sec 6 Whether or not parCes --the acCons consCtuted a
trust link ventures can waived their right waiver of right….
derived from an RESPECTED THE CHOICES
arbitraCon agreement— OF PARTIES

--enter appearance
--moCon for discovery --
moCon for security for
cost
-statement of defence
7. Mining and building Sec 6 and sec --writ to declare an -- with respect to
contractors limited v 24 arbitraCon clause invalid. - construcCon in order to
anglogold ashanC -opponent raised the determine jurisdicCon or
requisite. validity, sec 24 shall govern
that.
 8. Adamus Resources Ltd v Sec 18 Whether or not a party -secCon 18 must be strictly
Prof Albert Fiadjoe can apply for the removal proved. An allegaCon of bias
of an arbitrator based on or prejudice will not suffice
an unfavorable decision? without sufficient proof.
THE MERE FACT THE
ARBITRATOR GRANTED
UNFAVORABLE INTERIM
MEASURES DID NOT MEAN
THAT HE WAS ACTING IN A
BIASED MANNER.
INTERESTING DECISIONS

9. Ivy Whalley v Bolton 58 and 52 -whether or not a third -due to issues of natural
Portolio Limited party can apply to set jusCce and the connecCon of
aside an arbitral award? the parCes to the arbitraCon,
the award can be set aside
by those two non parCes.

*if the arbitraCon will affect

the rights of a third party,
the arbitrator needs to
order a joinder order for
such parCes to defend their
rights.
 10. Captain Benny Whalley v ‘’ ‘’
Bolton Portolio limited ◼ In the award the
rights of the 3rd
parCes were
affected , ie, the
award prescribed
that they be
removed as
directors

9. ADR 2022 SUPPLEMENTARY QUESTION 3

1. Compare and contrast the ADR Act and the UNCITRAL model law and other
internaConal statutes governing arbitraCon.
Describe the ADR act—year of promulgaCon and purpose for the act (long
Ctle)
UNCITRAL model law- adopted in 1985 and amended in 2006.
How the ADR act reflects the model law?

SimilariCes

SimiliariCes ADR act UNCITRAL

Both bodies of law govern arbitraCon Part 1/3 The whole body
Kompetenz-arbitrator has the power to determine 24 and 25 16
quesCons relaCng to his jurisdicCon
Make arbitraCon agreement enforceable 2, 5,6 and 7 7, 8 and 9
Party autonomy is upheld esp. in maPers relaCng to 13 10
appointment of arbitrator
Amiable Composituer 50 28 and 30
Power to grant interim measures 38 17
Involvement of experts 43 26
Set aside awards 58 34 (2a)
RecogniCon of foreign awards 59 36

Differences
Differences ADR Act UNCITRAL
Form of the law/composiCon ArbitraCon //customary ONLY ARBITRATION
arb//mediaCon-part 2 and 3
ArbitraCon/ applicaCon Broader in scope but limited InternaConal
by sec 1 commercial
transacCons
Power to subpoena a witness by arbitrator Sec 31 sub 9 No such power
Arb management conference Express codificaCon in sec 29 DiscreCon retained
in parCes
DeterminaCon of procedure Arbitrator is involved—sec 5 Party autonomy –
sub 2 arCcle 19
Capacity of parCes //issues governing NaConal/domesCc and Proof that the
jurisdicCon internaConal maPers maPer falls under
internaConal
arbitraCon- ArCcle 3
SePlement before award Such discreCon subject to SCck to the
the consent of parCes-sec 47 procedure set down
by the parCes
Influence of the court The court has extensive Minimal intrusion
powers to intervene in by court except
disputes—sec 40/39—ex where very
parte ghacem--- necessary like
Appeal with leave provided determinaCon of
to the court of appeal the competency or
qualificaCon of an
arbitrator. ArCcle
13 (3)—no right of
appeal
New York ConvenCon
Incorporated in the ADR Act –secCon 59 1c. and the first schedule—Broader than
the convenCon-enforcement of foreign arbitral awards

10. 2022 SUPPLEMENTARY QUESTION 1

a. Kinds of arbitral awards
b. What consCtutes a foreign arbitral award.
c. Various legal regimes recognized for enforcement of the foreign arbitral
award
d. Discuss the various regimes
i. The procedure ii.
The grounds iii.
The role of the
court iv. Effect of
success.
Kinds of arbitral awards: domesCc and foreign arbitral awards-sec 57 and 59 of the
adr act.
What consCtutes a foreign arbitral award? Where the Seat of arbitraCon is a
country other than Ghana= foreign arbitral award.
What are the various legal regimes for enforcement of foreign arbitral awards? A.
statutory regime B. common law regime
How do we acCvate the various regimes?
Statutory Regime = ADR ACT 2010

i. The procedure
In the Act, SecCon 59 provides for enforcement of foreign arbitral
awards. The enforcement aPempt is commenced through a moCon
for leave to enforce the foreign arbitral award.
ii. The grounds
In order to be successful, there must be 4 prevailing elements as
stated under secCon 59;
- The award was granted by a competent authority in the seat of arbitraCon –
shakiri limited v broadband home co.
- There is either a reciprocal arrangement between Ghana and the seat of
arbitraCon or the award was granted pursuant to a raCfied internaConal
convenCon- Ara Liberthad case.--- raCfied internaConal convenCon =new
York convenCon.
- The award or a cerCfied copy and the contract which was the subject of the
liCgaCon or a cerCfied copy is aPached to the applicaCon. -Dutch African
Trading Co v West African Mills Co Ltd.
- There is no pending appeal against the award.
iii. The role of the court
It is not the duty of the court to reliCgate the maPer. Unless there is a
viable ground under the Act to oppose the appl, the court may grant
leave.- Shakari ltd v broadband company
iv. Effect of success.
The award has the same as same as a judgment of a court therefore it
can be enforced like a high court judgment.

Common law

i. The procedure
 It entails the issuance of a writ of summons seeking for the
declaraCon that there is a pending debt between the creditor and
debtor. The subject for the debt is the arbitral award.
ii. The grounds
There must be proof of a voluntary submission, the presence of an
arbitraCon who possessed the necessary jurisdicCon, fair procedure
which respected defined arbitraCon rules and natural jusCce and an
award which was based on the issues and fact in contenCon. - UNION
NATIONALE DES COOPERATIVE AGRICOLES V CATTERILL.
With this approach, the arbitraCon contract, the contract which is the
subject of the liCgaCon and the arbitraCon award are tendered into
court as evidence to establish the grounds.
iii. The role of the court
Where the court determines that the award is not viCated by factors
like fraud, illegality, public policy, pending appeal, the court must
order the payment of the award as a debt accrued to the creditor. –
stratclyde v checkpoint
iv. Effect of success.
The judgment can be enforced like any judgment of the court.

2. Grounds for resistance = sec 59 subsec 3- give a short explanaCon

11. 2022 ADR QUESTION 2

a. Enter appearance + moCon for stay of proceedings and further
referral of the maPer to arbitraCon pursuant to secCon 6 of the Act.
b. Two issues;
i. Whether or not there is a valid agreement between the
parCes?
ii. Whether or not the court has the jurisdicCon to refer the
maPer to arbitraCon?
Whether or not there was a valid agreement? sec 135 + sec 2 + sec 3(2)
135 – defines arbitraCon agreement- voluntary submission of future disputes to
arbitraCon.
Sec 2 (3)(4)-agreement can be formed through exchange of lePer as long as the
lePers are in wriCng.
Sec 3 (2) – no rescission from an arbitraCon agreement unless by a further
agreement.

Whether or not the court has the jurisdicCon to refer the maPer to arbitraCon?
Sec 54 and sec 6
Sec 54- issuance of a writ will not consCtute a waiver of arbitraCon rights,.
Sec 6 – objecCon is raised, the court should analyze the supposed arbitraCon
clause in the light of the dispute to determine whether the dispute falls within the
clause. If the court makes a posiCve decision, the court must refer the parCes to
arbitraCon.- di simone v olam gh ltd
Sec 7 – reference to arbitraCon by court subject to the consent of parCes.

c. i. the presence of DFL in the arbitraCon

You can raise an objecCon under sec 31 of the ADR seeking an order
to misjoin DFL from the arbitraCon- Ex Parte Ghacem
ii. the jurisdicCon of arbitrator to deal with fraud maPers.- sec 24 and
sec 25—Kompetenz-sec 25 -procedure to use for objecCng to
jurisdicCon

12. 2016—QUESTION 3 1.
Enforceability of the agreement
a.
SecCon 135 and sec 2 and sec 3 (2)
Sec 2—agreement should be in wriCng.
Sec 135 – arbitraCon and arbitraCon agreement
ArbitraCon – VOLUNTARY SUBMISSION
ArbitraCon – sePlement of future disputes through arbitraCon.
ArbitraCon agreement is also a contract meaning it is subject to viCaCng factors---
Mining and Building Contractors ltd v anglogold ashanC.
b.SecCon 6 – condiConal appearance and move the court to stay proceedings and
make an order for the maPer to be referred to arbitraCon// objecCon at the stage
of entering appearance under secCon 6 for the maPer to be referred to
arbitraCon- di simone v olam gh /bcm v ashanC goldfields ltd
c. secCon 6 /sec 12/ sec 15/sec 16 and sec 18
sec6- duty of the court--- determine whether the maPer relates to the arbitraCon
clause.
Sec12- by agreement of parCes—over-reaching
Sec 15 – imparCality of arbitrator---declaraCon of interest
Sec 16- challenge of arbitrator
Sec 18 – revocaCon of authority—applicaCon to high court to remove an
arbitrator.

13. March 2021 QuesCon 4

a. CondiConal appearance and moCon on noCce for an order of stay of
proceedings and referral of maPer to arbitraCon pursuant to sec 6
BELOW IS JUST A DRAFT, NOT THE EXACT ANSWER
IN THE SUPERIOR COURT OF JUDICATURE
IN THE HIGH COURT OF JUSTICE (VENUE) AD 2022
Suit No.
Nananom Motors Limited
(business address)……………………….PlainCff/Respondent
AND
Oboutabiri Limited
(business address) …………………..Dei/ Applicant
MOTION ON NOTICE FOR AN ORDER OF STAY OF PROCEEDINGS AND A FURTHER
ORDER OF REFERRAL OF MATTER TO ARBITRATION PURSUANT TO SEC 6 OF THE
ADR ACT 2010
PLEASE TAKE NOTICE that lawyer for and on behalf of the dei/applicant, Steph
Esq, shall move this honorable court for an order of stay of proceedings and
referral of the present maPer to arbitraCon and any further orders as the court
may deem fit as per the accompanying affidavit.
COURT TO BE…………………….
DATED AT……………………………..
…………………….
Lawyer
Sol No
The Registrar
High Court
(Venue)
AND FOR SERVICE ON THE PLT/RESP OR HIS LAWYER, A A AND PARTNERS.

IN THE SUPERIOR COURT OF JUDICATURE

IN THE HIGH COURT OF JUSTICE (VENUE) AD 2022
Suit No.
Nananom Motors Limited
(business address)……………………….PlainCff/Respondent
AND
Oboutabiri Limited
(business address) …………………..Dei/ Applicant
AFFIDAVIT IN SUPPORT
Content.

1. Speak to the contract between parCes. (APach a copy of contract) That on

5th June 2019, the parCes herein signed to an automobile importaCon
agreement which included the obligaCon of the respondent to buy 500 cars
from the applicant at 50000usd. PLEASE FIND ATTACHED A COPY OF THE
AGREEMENT LABELLED AS EXH A.
2. Speak to the arbitraCon agreement (Be extensive and specific) (APach a
copy of the agreement)
IF THE AGREEMENT IS STATED IN THE CONTRACT;
That at paragraph 10, the parCes herein agreed to sePled all disputes
emanaCng from price concerns through an arbitraCon process at the Ghana
ArbitraCon Centre before 3 arbitrators.

IF THE AGREEMENT IS NOT STATED IN THE CONTRACT;

That aier the execuCon of the contract and through exchange of lePers the
parCes agreed to submit disputes emanaCng from the contract to the
Ghana ArbitraCon Centre for determinaCon before 3 arbitrators. FIND
ATTACHED COPIES OF THE lePers labelled as Exh B series.

3. Speak to the breach and draw a link between the breach and the
agreement.
That on the 7th June, It is alleged by the respondent that I failed to deliver
the cars which is in breach of the agreement being governed by the
arbitraCon clause.
4. Speak to the writ filed in defiance to the agreement.
 That on 7th May , The respondent has caused a writ of summons and SOC to
be served on me which is in clear breach of the arbitraCon agreement.

5. Speak to the courts power to refer the case and stay proceedings.
That I am advised by my lawyers and verily believe same to be true that this
honorable court has the power to stay proceedings and refer the present
maPer to arbitraCon as per the terms of the arbitraCon agreement.

6. PRAYER.
WHERE I PRAY THIS HONORABLE COURT TO STAY PROCEEDINGS AND
ORDER THE PARTIES TO PROCEED TO ARBITRATION.

…………………….
Deponent
Sworn this day

b. Request for arbitraCon

THE GHANA ARBITRATION CENTRE ACCRA- GREATER ACCRA REGION AD 2022

IN THE MATTER OF SECTION 5 OF THE ADR ACT 2010

AND
IN THE MATTER OF ARBITRATION BETWEEN
OBOUTABIRI ………………………………. CLAIMANT
(BUSINESS ADDRESS)
AND
NANANOM MOTORS LIMITED…………………..RESPONDENT
(BUSINESS ADDRESS)
AND
IN THE MATTER OF A REQUEST/REFERENCE TO ARBITRATION
REQUEST TO ARBITRATION Content

1. IntroducCon
THIS REQUEST FOR ARBITRATION is submiPed on behalf of (name of
claimant) (hereinaier referred to as “claimant”) pursuant to secCon 5 of
the adr act 2010 against (name of respondent)

2. DescripCon of ParCes
a. Status of party
The claimant is a company registered under the laws of Ghana who is
involved in construcCon of roads.

b. Address
The claimant has as its business address at (business address of
claimant)

c. Address for service

All correspondence and documents should sent to address as stated in
paragraph 2b.

Describe respondent in same format.

3. Facts (aPach the original contract)

Repeat the facts of the quesCon in a summarized form.

4. Describe the arbitraCon clause (aPach a copy of the clause) Be specific and
extensive.
Talk about the seat of arbitraCon and the governing law if provided.

5. State the Damages (suffered) (aPach copies of your evidence)

Speak to loss of the parCes
 6. Reliefs sought
-must emanate from the facts.

7. Payment of arbitrators fees.

The arbitrators shall be shared by both parCes and the claimant is ready to
make part payment of his porCon.

Respectully SubmiPed,
……………………………………..
Lawyers Name
Solicitor Number
Lawyers Details.

EXHIBITS SUBMITTED WITH REQUEST (THIS IS OPTIONAL)

1. COPY OF LETTER – EXH A

2. …
3. .

14. March 2021 QuesCon 5

WRITTEN NOTICE FOR THE PURPOSE OF ARBITRTION MANAGEMENT
CONFERENCE= SEC 29
= REQUEST LETTER + AGENDA

(THE ARBITRATION INSTITUTION)/ IN THE GHANA ARBITRATION CENTRE ACCRA-

GHANA
Case No./ArbitraCon Case No.
IN THE MATTER OF SECTION 29 OF THE ADR ACT 2010
AND
IN THE MATTER OF ARBITRATION BETWEEN
OBIBA JK LIMITED ………………………………. CLAIMANT
(BUSINESS ADDRESS)

AND
AURORAS LIMITED ………………………………..RESPONDENT
(BUSINESS ADDRESS)
AND
IN THE MATTER OF AN ARBITRATION MANAGEMENT CONFERENCE
REQUEST FOR ATTENDANCE TO AN ARBITRATION MANAGEMENT CONFERENCE
ParCes or/and their legal representaCves are hereby invited to an arbitraCon
management conference which shall be held at (Place of conference) on (date and
Cme of the conference) and before (name of the arbitraCon) as per the terms
stated in the Agenda aPached to this lePer.
The arbitraCon management conference shall be conducted within the terms
stated in the aPached agenda.
DATED AT ………………………………………

………………………………….
Signed by a rep of the arbitraCon insCtuCon or arbitrator

(THE ARBITRATION INSTITUTION)/ IN THE GHANA ARBITRATION CENTRE ACCRA-

GHANA
Case No./ArbitraCon Case No.
IN THE MATTER OF SECTION 29 OF THE ADR ACT 2010
AND
IN THE MATTER OF ARBITRATION BETWEEN
OBIBA JK LIMITED ………………………………. CLAIMANT
(BUSINESS ADDRESS)
AND
AURORAS LIMITED ………………………………..RESPONDENT
(BUSINESS ADDRESS)
AND
IN THE MATTER OF AN ARBITRATION MANAGEMENT CONFERENCE
AGENDA FOR ARBITRATION MANAGEMENT CONFERENCE
PLEASE TAKE NOTICE that at the arbitraCon management conference which shall
held before me, Adomako Esq, parCes shall discuss and decide as per the below
stated agenda; //
PARTIES ARE HEREBY NOTIFIED that at the arbitraCon management conference,
discussions and decisions shall be made as per the below stated agenda;

1. Commencement of conference.
2. IntroducCon/announcement of parCes.
3. Issues to be resolved.
4. Date , Cme and place of arbitraCon
5. Discoveries , producCon of documents and interrogatories.
….
1. Cost and arbitrators fees.
2. Any other business.
DATED AT …………………………………………….
……………………………………
Signed by arbitrator
15. JUNE 2021 QuesCon 1
ARBITRATION AGREEMENT

DRAFTING AN ARBITRATION CLAUSE

THIS ARBITRATION AGREEMENT IS MADE THIS …..DAY OF ……, 2022
BETWEEN
A. AKOSUA INC of ………………. (Address) (hereinaier referred to as “ Party
A”)
B. Manye Ent of ………………….(Address) (hereinaier referred to as “Party B”)

1. Background of the agreement.

……..REPEAT THE BACKGROUND OF THE QUESTION.

Core content

1. Scope of the dispute—(extensive enough to cover disputes in contenCon

but narrow enough to exclude the vice versa)

EXCEPT WITH RESPECT TO MATTERS EXCLUDED HEREIN;

All disputes arising out of or in connecCon with this agreement INCLUDING
QuesCon on validity, existence or terminaCon of this agreement shall be
resolved through arbitraCon.

The following maPers are excluded from the scope of this agreement;
1.
2.

2. Place of dispute
The place of the arbitraCon shall be London, UK.
3. Applicable law the applicable law shall be ……(Country)
4. Applicable Language
The applicable language of the arbitraCon shall be English.

5. Form of request
The arbitraCon shall be commenced by a wriPen request from the claimant
which shall contain the grounds and reliefs being sought and which shall be
served on the respondent.

6. ConsCtuCng the arbitraCon tribunal (number , duraCon for appointment,

who shall make the appointment, and CATER FOR LOSS)
The arbitral panel shall compose of 3 persons. the claimant and respondent
shall appoint two arbitrators (one each) within 30 days aier acceptance of
the arbitraCon request and the two appointed arbitrator shall appoint a
third arbitrator within 21 days of their appointment and which arbitrator
shall preside over the arbitraCon panel.
Where a party fails to appoint an arbitrator in compliance with the above
stated rules, that party shall be considered to have waived his right of
appointment and the appointment arbitrator by his opponent shall serve as
a sole arbitrator.
If a vacancy arises, the parCes shall adopt the above stated procedure for
the purpose of filling the vacancy. OR if a vacancy arises, the remaining
arbitrators shall proceed to decide on the maPer.

7. Duty , responsibiliCes and power of arbitrators

- Independent and imparCal
- Kompetenz
- Decision shall be reached (majority vote)

8. Form of evidence / procedure

The procedure for the arbitraCon shall be decided by the parCes jointly with
the arbitrator. In situaCons of disagreement, the arbitrator shall decide on
the applicable procedure.
 9. Binding nature of the award
Any award or decision of the arbitral panel shall be final and binding as
between the parCes.. a party reserves the right to enforce the award in any
court of competent jurisdicCon.

Ancillary

10.ConfidenCal clause
11.Clause on noCce NoCce = by wriCng.

12.Data protecCon
THE PARTIES BY THEIR SIGNATURE AGREE ON ……………. (date)
………(signature……………………
Name of party 1
In the presence of
………signature…………………..
Name of witness
………signature……………………
Name of party 2
In the presence of
………signature…………………..
Name of witness

16. June 2021 QuesCon 2

MediaCon QuesCon.
1. IniCaCng a suit during the pendency of mediaCon
- state the principle – sec 83.
During the pendency of mediaCon, a party shall not insCtute a liCgaCon
acCon or an arbitraCon.
-when mediaCon starts—secCon 63 (4)---acceptance of invitaCon by the
other party.
-when mediaCon ends- secCon 80
(a) the parCes execute a sePlement agreement;
 (b) the mediator terminates the mediaCon proceedings for non-payment of
a deposit under secCon 88.
(c) the mediator aier consultaCon with the parCes makes a declaraCon to
the effect that further mediaCon is not worthwhile; (d) the parCes
jointly address a declaraCon to the mediator to the effect that the
mediaCon is terminated;
or (e) a party makes a declaraCon to the mediator and the other party to
the effect that the mediaCon is terminated.

2. Usage of admissions during trial

SecCon 79 and 85
SecCon 85b --- admissions made during mediaCon are not admissible as
evidence in another proceeding.
SecCon 79—confidenCality of mediaCon –objects/ materials used in the
mediaCon process ie. documents.

3. InviCng mediator to tesCfy SecCon 84 and 86

SecCon 84 b + secCon 86
84 b – mediator shallnot act as witness in a dispute concerning the same
maPer.
ExcepCons ; 1. Agreement of parCes 2. Provisions of the law.
86—mediator cannot be a party in a dispute concerning the same maPer.

Customary arbitraCon
1. Arbitrability
SecCon 89 (2)—specific bar/limitaCon against the conduct of customary
arbitraCon for crimes-- Gym v Insaidoo
SecCon 1 d---
2excepCons
a. Court order b. an enactment
2. Party autonomy/voluntariness
SecCon 89 and secCon 90 (6)
Sec 90 subsecCon 6-forced or coerced to subject a maPer for
determinaCon by customary arbitraCon.
89—A PARTY MAY SUBMIT A DISPUTE FOR DETERMINATION.

3. QualificaCons of a customary arbitrator

SecCon 92 --- PARTY AUTONOMY IN APPOINTMENT

4. Role of the arbitrator during customary arbitraCon SecCon 107 and

109—Budu v Caesar.
REFERENCE TO AN AWARD—ADVERSARIAL PROCESS—DEFINE THE
RIGHTS OF PARTIES AFTER HEARING BOTH SIDES-- BINDING