A three-day training workshop on domestic and international arbitration, organised by the Ghana Arbitration Centre, has begun in Accra with a call for an effective understanding and adoption of arbitration practice in Ghana.
An effective understanding of the practice, according to the facilitators of the training, would enable arbitration and legal practitioners, and clients to secure the best results from arbitration.
The workshop, which is being attended by chief executives, legal and ADR practitioners, accountants, engineers, bankers, Surveyors, Architects, industrial relations officers and other professionals, is to equip the participants with the requisite skills to appreciate the development of arbitration agreements in contracts.
It is aimed at helping to eliminate the factors that make the practice of arbitration in Ghana, and the implementation of arbitration agreements, difficult.
Opening the workshop, Nana Dr S.K.B Asante, Chairman of the Ghana Arbitration Centre, urged legal practitioners to build experience in arbitration so as to promote the growth of Ghana’s arbitration industry.
Mr Emmanuel Amofa, Administrator of the Ghana Arbitration Centre, for his part, explained that although the objective of arbitration was to have cases resolved out of court in an expeditious manner, pathological or defective arbitration agreements have resulted in situations where arbitration proceedings become impracticable, or arbitral awards become unenforceable.
The objective of an arbitration agreement is to ensure a peaceful and speedy out of court resolution of disputes arising out of transactions between parties, but he said poor drafting often makes the arbitration agreement a source of dispute.
Ace Annan Ankomah, Managing Partner at Bentsi-Enchill, Letsa & Ankomah, in his presentation, said revelations of defective arbitration agreements, required enhanced training for legal practitioners in Ghana on the subject.
“If we don’t get our skill set together, we will continue to lose the big ticket cases,” he said.
The training is covering topics including an introduction to Domestic and International Arbitration; Negotiating and Drafting Arbitration Agreement; Commencing a Domestic and International Arbitration; Responding to a Notice of Arbitration; Constitution of the Arbitral Tribunal; Challenging, Impeaching or Objecting to the Tribunal; Arbitration Management Meeting/Procedural Meeting Under the Rules of Various Arbitration Institutions; Drafting of Pleadings in Domestic and International Arbitration; Principles of Conducting an Arbitral Hearing; Moot Hearing; Discussion of Moot Hearing; and Cost of the Arbitration.
Other facilitators are Michael Gyang Owusu, President, Ghana ADR Hub; Vincent Kizito Beyuo, Beyuo & Co.; Thaddeus Sory, Managing Partner, Sory @ Law, and Nana Tawiah Okyir, Lecturer, Faculty of Law, GIMPA.
By Edmund Mingle/adrdaily.com