Abstract
Abstract : The focus of this paper is to consider conflict of law rules in international commercial arbitration by embarking on a comparative analysis of the law of Ghana and the UNCITRAL model law on international commercial arbitration. The Intention is to uncover whether the laws on arbitration in Ghana was drafted grounded on the UNCITRAL Model law and prescribe ways in which Ghana can embark on a reformative journey of its laws concerning private international dispute resolution. To achieve this, the paper will examine the situation of international commercial arbitration in general with reverence to the private international law of contract, focusing on the position of international commercial arbitration in Ghana and the position of the UNCITRAL model of Arbitration. Another issue to be addressed is party autonomy with respect to conflict of law issues in international commercial arbitration, focusing on the degree to which parties are free to choose the law regulating their contract under arbitration. The paper will then consider jurisdiction in international commercial arbitration to determine the suitable forum in arbitration and also the approach in resolving jurisdictional matters in Ghana and under the UNCITRAL model law of Arbitration. It is likewise in order for this paper to address issues on the determination of the applicable law in international commercial arbitration by focusing on a comparative analysis between Ghana and UNCITRAL model of Arbitration. In conflict of law issues, there is also the consideration of whether a foreign arbitral award will be recognised and enforced in another jurisdiction. The paper will also address issues of recognition and enforcement of International Commercial Arbitral Awards. The definitive aim of this paper is to provide an ideal choice of law concerning international arbitration, which best provides solutions to such problems and produces the required legal certainty needed for parties who select arbitration as a means of dispute settlement in the commercial world.
LL.M. (International Law)