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Lex Mundi Global Arbitration Institutions Guide

Ghana

(Africa) Firm Bentsi-Enchill, Letsa & Ankomah

Contributors Nania Sackey

Updated 29 Oct 2018
Name of Arbitral Institution; with abbreviation, if any.

Ghana Arbitration Centre ("GAC")

Where is the seat of the Arbitral Institution?

Accra, Ghana

Is there an umbrella organization for the Arbitral Institution?

No. It is a private institution.

How is the Arbitral Institution structured?

The institution is structured as follows: i) Council Members (governance of the institution); 2) Administrator (carries out the daily operations of the institution); 3) Ordinary Members; 4) Honorary Members; 5) Associate Members.

Is there a compulsory list of arbitrators that parties are required to choose from?

No. Although there is a List of Arbitrators that parties may choose from, this is not compulsory.

Can the place of arbitration freely be chosen by the parties? Is there a default place of arbitration?

Yes. The default place of arbitration is Accra, Ghana.

What is the amount of the registration fee?

There is no registration fee. Parties are only required to pay administrative fees and arbitrator's fees.

What is the average cost of an arbitration in the following cases? 1 arbitrator, amount in dispute = $1 million

Approximately USD 70,000.

What is the average cost of an arbitration in the following cases? 3 arbitrators, amount in dispute = $10 million

Approximately USD 800,000.

What is the average cost of an arbitration in the following cases? 3 arbitrators, amount in dispute = $100 million

Approximately USD 2,000,000.

Who pays advances on costs? What happens in the event of default?

Parties share the costs and pay in advance. In the event of default, the other party pays (usually the Claimant) and this expenditure is set-off from any monetary award made by the Arbitrator.

Does the Arbitral Institution have formalistic procedures (e.g. terms of reference) that must be complied with? If so, which ones?

No, apart from the Institution's Rules and Procedural Orders by the Arbitrator.

Which languages can be used for communication with the Arbitral Institution?

English is the primary language of communication.

Who is the main point of contact for the parties within the Arbitral Institution?

The Administrator, Mr. Emmanuel Amofa.

Are there restrictions on the language that the arbitration may be conducted in?

None, but any language apart from English will require an interpreter.

Who appoints substitute arbitrators?

This largely depends on the arbitration agreement. It is usually the same procedure for the appointment of an arbitrator.

Are there specific regulations for multi-party arbitrations or joinders to the proceedings?

No.

Are oral hearings compulsory?

No.

What are common evidence-taking practices?

Witness Statements, Cross-examination and Re-examination.

What is the average duration of arbitration proceedings?

Six months, but a lot depends on the complexity of the dispute.

What is the timeframe for rendering the award?

One month after the close of the hearing.

Are extensions to time limits permissible?

Yes, upon an application by a party and/or through a Procedural Order.

Can the arbitral tribunal impose interim measures? Is there a competing competency of the ordinary courts with regard to interim measures?

The tribunal can impose an interim measure upon application by a party. However, mandatory orders and injunctive orders must be obtained from the court. The courts play a complementary role to arbitration, rather than competing.

Do the institutional rules provide for an emergency arbitrator?

No.

Are there any specific regulations for expedited proceedings? If so, is there a deadline for rendering such an award?

Yes. Awards must generally be delivered within seven (7) days.

Are arbitral awards submitted for scrutiny? If so, to whom?

No.

Do costs necessarily follow the event?

No. Costs are at the discretion of the tribunal.

Can an arbitral award be annulled in your jurisdiction? If yes, do the reasons for annulment in principle correspond to the reasons for denial of enforcement according to the New York Convention?

Yes, an award can be annulled in Ghana, and the reasons for annulment correspond to the reasons for the denial of enforcement under the New York Convention.

Link to institutional rules

http://arbitrationcentregh.com/arbitration-rules/

Link to model clause

The Model Clause is provided in the Rules and is as follows: "Any dispute, controversy, claim or interpretation arising out of or relating to this contract, or the breach of this contract, shall be finally settled by arbitration under the auspices and Rules of the Ghana Arbitration Centre by one or more arbitrators appointed in accordance with the Rules of the Ghana Arbitration Centre"

Lex Mundi Global Arbitration Institutions Guide

Ghana

(Africa) Firm Bentsi-Enchill, Letsa & Ankomah

Contributors Nania Sackey

Updated 29 Oct 2018