Abstract
Arbitration as an alternative dispute resolution mechanism has become the preferred mode of resolution of disputes, particularly, by parties to international commercial contracts because of its efficient and binding nature. Many countries have adopted various rules on arbitration in their national laws to regulate this area of law. Ghana and India are of no exceptions. Despite the expansive laws on arbitration in these countries, certain parameters differentiate between the law of arbitration in these countries, notably, on the principles of arbitrability and public policy in the enforcement of foreign arbitral awards in international commercial disputes. Ghana’s laws on arbitration makes exceptions to various areas of law which are deemed to be non-arbitrable and thereby, adopts a broader spectrum of public policy. However, India as a country seems to adopt a restricted view as their courts, through judicial interpretation of its laws on arbitration, leans towards a presumption in favour of arbitrability. The minor-dissertation will examine the exceptions to enforcement of foreign arbitral awards in international commercial disputes in Ghana and India. The focus of the dissertation will be on the exceptions on arbitrability and public policy. The mini-dissertation will also draw lessons from India on the interpretation of public policy and recommendations made for adoption in Ghana.