Ghana
must set up a Hearing Centre to enable corporate bodies
use International Chamber of Commerce (ICC’s) mediation and arbitration
rules in their contracts to position the country as a genuine place for
arbitration. This will no doubt save cost as it follows best practice
for most business in most countries.
“The Chief Justice must help Ghana to set up a hearing center in
Ghana, such that Ghanaian corporate bodies would be encourage to use the
ICC mediation and arbitration rules and clause in their contracts and
also insist on Ghana as a genuine place for arbitration, helping save
cost; since currently most cases are held overseas, the state and
businesses spend so much in getting their cases heard overseas,”
Chairman of ICC- Ghana, Alhaji Asuma Banda told Chief Justice Georgina
Theodora Wood in Accra.
Alhaji Banda made this recommendation when the National Committee of the ICC- Ghana paid a working visit to the Chief Justice Georgina Theodora Wood.
The visit was aimed at informing her of some of the programmes that ICC-Ghana is working on to help train lawyers and judges in the area of dispute resolution. It was also to wish her well as she marks seven years in office.
Alhaji Banda explained that the motivation for setting up of a court of arbitration in the country came as a result of the numerous judgment debt awards being accrued by the state as a result of lack of adequate training of state attorneys and lack of information particularly in cases where Alternative Dispute Resolution (ADR) avenues could have been employed.
He therefore made an official request to the Chief Justice to recommend some retired Ghanaian judges and lawyers of reputable status to represent Ghana at the International Court of Arbitration, since that is one of the mandates of ICC- Ghana.
The Chief Justice said the intentions wouldn’t have come at a better time, especially with the numerous cases currently in the commercial courts which she believes are not necessary particularly with the passing of the ADR Act which encourages parties to go for arbitration.
She added that the issues has always boiled down to credibility, because this avenues are normally sought when parties are confident that the case would be handled genuinely and judgment would be fare.
“The ICC- Ghana should come out with a proposal stating the terms of reference of what ICC-Ghana wants to do.
“A committee must also be set up made up representative of ICC, the bench and the bar to ensure that training of lawyers to serve as arbitrators would be transparent,” Chief Justice Wood recommended.
Presently, Ghana has two lawyers serving at the International court of Arbitration namely lawyers Felix Ntrakwah and Ace Ankomah, of which the Chief Justice was pleased to hear, since in her view these were lawyers of high repute.
ICC- Ghana with support from the world body ICC would be running training programmes since ICC arbitration is often used by states and state entities. Approximately 10 percent of ICC arbitrations involve a state or a state entity.
ICC arbitration is chosen for disputes involving states or state entities in all parts of the world, although there is a concentration of cases from Sub-Saharan Africa, Central and West Asia, Central and Eastern Europe.
Cases among these regions account for about 80 percent of ICC arbitrations involving states and state entities which includes cases covering both commercial and investment disputes.
Claims arising out of commercial contracts constitute the largest category of cases and most frequent kinds are those relating to construction, maintenance and the operation of facilities or systems.
Alhaji Banda made this recommendation when the National Committee of the ICC- Ghana paid a working visit to the Chief Justice Georgina Theodora Wood.
The visit was aimed at informing her of some of the programmes that ICC-Ghana is working on to help train lawyers and judges in the area of dispute resolution. It was also to wish her well as she marks seven years in office.
Alhaji Banda explained that the motivation for setting up of a court of arbitration in the country came as a result of the numerous judgment debt awards being accrued by the state as a result of lack of adequate training of state attorneys and lack of information particularly in cases where Alternative Dispute Resolution (ADR) avenues could have been employed.
He therefore made an official request to the Chief Justice to recommend some retired Ghanaian judges and lawyers of reputable status to represent Ghana at the International Court of Arbitration, since that is one of the mandates of ICC- Ghana.
The Chief Justice said the intentions wouldn’t have come at a better time, especially with the numerous cases currently in the commercial courts which she believes are not necessary particularly with the passing of the ADR Act which encourages parties to go for arbitration.
She added that the issues has always boiled down to credibility, because this avenues are normally sought when parties are confident that the case would be handled genuinely and judgment would be fare.
“The ICC- Ghana should come out with a proposal stating the terms of reference of what ICC-Ghana wants to do.
“A committee must also be set up made up representative of ICC, the bench and the bar to ensure that training of lawyers to serve as arbitrators would be transparent,” Chief Justice Wood recommended.
Presently, Ghana has two lawyers serving at the International court of Arbitration namely lawyers Felix Ntrakwah and Ace Ankomah, of which the Chief Justice was pleased to hear, since in her view these were lawyers of high repute.
ICC- Ghana with support from the world body ICC would be running training programmes since ICC arbitration is often used by states and state entities. Approximately 10 percent of ICC arbitrations involve a state or a state entity.
ICC arbitration is chosen for disputes involving states or state entities in all parts of the world, although there is a concentration of cases from Sub-Saharan Africa, Central and West Asia, Central and Eastern Europe.
Cases among these regions account for about 80 percent of ICC arbitrations involving states and state entities which includes cases covering both commercial and investment disputes.
Claims arising out of commercial contracts constitute the largest category of cases and most frequent kinds are those relating to construction, maintenance and the operation of facilities or systems.
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