SOAS Research Online

Abstract

This article critically analyses the provisions on arbitration, customary arbitration and mediation in the new Ghana ADR Act 2010. The provisions on arbitration in the new Act are based on internationally recognised principles such as autonomy of the arbitration agreement and supremacy of party autonomy. It however pushes the boundary of current standards in arbitration laws by, for example granting the appointing authority an expanded role in the arbitral process. The new Act also breaks new grounds in legislating on customary arbitration and granting the settlement agreement from mediation proceedings an enhanced status akin to an arbitral award. This article concludes that this new ADR Act is comprehensive, modern and forward looking and should enhance Ghana’s chances of being chosen by parties as seat of their arbitration references within sub-Sahara Africa.