Abstract
LL.M. (International Commercial Law)
The exploitation of oil and other natural resources in Ghana has positioned the country and her private businesspeople on the international scene. Aside from the socio-political benefits associated with natural resource exploitation, it simultaneously creates businesses incidental to such exploitation. Private individuals in Ghana engaged in various businesses ancillary to the exploitation of natural resources enter into contracts not only with fellow Ghanaians but with businesspeople from other countries. Also, the expansion of international trade and commerce has exposed businesspeople in Ghana to engage in cross-border transactions with counterparts in different countries. The international nature of the transaction so entered into presents potential private international law issues which demand attention and analysis particularly in the context of dispute resolution. The legal regime of Ghana allows contracting parties’ freedom and autonomy to choose a mode of settling their dispute- litigation or alternative dispute resolution (ADR). However, both litigation and ADR are saddled with challenges.
This dissertation critically reviews the legal position of the laws of Ghana relating to international commercial arbitration. It takes into account various sources of law that deals with international commercial arbitration in Ghana. The overall aim is to ascertain the extent to which the current legal regime protects the interest of private businesspeople By interest, this dissertation does holistic analysis as to the extent to which the laws on arbitration in Ghana promotes legal certainty, party autonomy and flexibility in arbitration proceedings.
The dissertation finds that laws on arbitration in Ghana tend to be commercial friendly. They encompass and uphold various principles of international commercial law such as respect for party autonomy, flexibility, and legal certainty. Essentially, arbitration under the Alternative Dispute Resolution Act 798 of 2010 makes commercial arbitration in Ghana...