In the quest to expand the frontiers of arbitration in Ghana, a call has been made for the establishment of an Arbitration Bar in the country.
Seasoned lawyer, Emmanuel Amofa, Administrator of the Ghana Arbitration Centre, making the recommendation, believes such a bar, chamber or conference, formed out of the Bar Association, would help to effectively enhance arbitration practice in Ghana.
In addition, he is optimistic such an association of legal practitioners engaged, in arbitration, would serve as a quality platform for sharing of experience and practical knowledge that would help to enhance the use of Ghana as Seat for international arbitration.
Speaking to ADR Daily after making a presentation on the Elements of Drafting Arbitration Agreement, at the ongoing seminar on International Arbitration at Kumasi by the Ghana ADR Hub, Mr Amofa said the surge in international arbitration makes it relevant for Ghana to have an such a networking group.
“Other countries, especially in Africa have it and are seriously using it to the advantage of their countries,” he said.
He said although individual private arbitration institutions in the country were doing their best in offering arbitration services, an arbitration conference or chamber will offer a national scope that would make Ghana’s arbitration industry highly competitive.
HIn that regard, he urged practitioners and arbitration centres to come together in forming a national arbitration conference to advance the frontiers of the practice in Ghana.
In his presentation, Mr Amofo, Managing Partner of Amofa and Partners, stressed the need for organisations to get the drafting of their arbitration clauses in contracts, in the right form.
He, therefore, urged lawyers assisting companies in drafting contract agreements to be careful about how the arbitration clauses are formulated.
“Drafting is the foundation of every arbitration agreement,” he stated, adding that the drafting has to effectively cover all the necessary elements to ensure the practicability and successful enforcement of the arbitration agreement.
Describing them as the sign posts for drafting arbitration agreement, he mentioned the elements as multi-tier dispute resolution clauses, scope of arbitration clause, words to use, reference to arbitration institution, requirements, number of arbitrators and mode of appointment, and language for arbitration.
By Edmund Mingle/ adrdaily.com