Having disputes resolved as quickly as possible in a cost effective manner is one of the key components of any good enabling business environment, says renowned ADR expert, Austin Gamey.
Acknowledged globally as a preferred way of resolving disputes in a cost effective manner, Mr. Gamey believes that the adoption of ADR especially by Ghana’s business community would go a long way to complement the government’s effort in creating an enhancing the ease of doing business for both local and international businesses.
Speaking to journalists after the signing of a Memorandum of Understanding (MoU) between Ghana National Chamber of Commerce and Industry (GNCCI) and Gamey & Co ADR Centre (GCADRC) in Accra Wednesday, indicated that because disputes are likely to occur in any business relationship, it is critical to have an dispute resolution system that protects the interests of the partners and the relationship.
According to him, poor formulation of business agreements, has been the cause of many commercial disputes, adding that businesses should also seek help from ADR practitioners to ensure that agreements are in an appropriate manner that prevents disputes.
In addition, he said the absence or poorly drafted dispute resolution clauses in commercial agreements, continue to create challenges for parties who find it difficult to implement the clauses when disputes arise.
“The reality is that as soon as you enter an agreement and have it signed, then that agreement kick starts the process of resolving any business related difficulties you might be having. And if you indicate in the agreement that the seat of mediation will be in London, New York, etc so it is,” he stated.
Encouraging members of GNCCI to take advantage of the new partnership entered between GNCCI and GCADRC, Mr. Gamey explained that the collaboration will help the business community to resolve their disputes locally without the stress and additional cost of taking cases abroad.
“We look forward to testimonies from GNCCI members about the service that will be rendered by Gamey & Co ADR Centre. Accra will become the preferred seat of Mediation and Arbitration by the business community to help create jobs in Ghana,” he stressed.
Benjamin Nana Appiah/ adrdaily.com