In a recent presentation delivered on behalf of the Chief Justice at the University of Education, Winneba, Justice Kweku T. Ackaah-Boafo underscored the critical role Alternative Dispute Resolution (ADR) plays in easing the burden on Ghana’s courts.
He noted that over the past two decades, court-connected ADR mechanisms have helped settle more than 37,000 cases — a striking testament to the growing relevance of negotiation, mediation, and arbitration in the Ghanaian legal landscape.
It is against this backdrop that Bobby Banson’s Commercial Arbitration in Ghana — Practice and Procedures arrives as a timely and necessary contribution to the field.
Arbitration has become indispensable to modern commerce. Unlike court litigation, which can drag on for years and expose sensitive matters to public scrutiny, arbitration offers businesses a faster, private and neutral forum for resolving disputes.
This is especially significant in international transactions, where neither party wishes to litigate in the other’s home jurisdiction.
Arbitration builds trust, facilitates deal-making and allows commercial relationships to move forward without prolonged disruption.
Bobby Banson Esq. is well-positioned to author such a work. He is the founding partner of Robert Smith & Adelaide Law, a boutique law firm based in the Central Business District of Accra, whose practice areas span Alternative Dispute Resolution, Investment Advisory and Corporate Governance.
He has served as counsel in both domestic and international arbitration proceedings, bringing considerable practical experience to his writing.
Volume
The 302-page hardcover volume is organised into five chapters and examines the rules of practice and procedure governing commercial arbitration in Ghana.
A notable feature is its comparative analysis of the rules of the Ghana Arbitration Centre and the Ghana ADR Hub — the country’s two foremost arbitral institutions — making it a valuable reference for practitioners navigating either forum.
Chapter One lays the conceptual groundwork, covering the definition of arbitration, the elements of a valid arbitration agreement, vitiating factors, the advantages of arbitration over litigation, the doctrine of separability of arbitration clauses, and model arbitration clauses.
It is an accessible entry point for readers new to the subject.
Chapter Two examines the statutory framework governing arbitration in Ghana, with particular focus on the Alternative Dispute Resolution Act, 2010 (Act 798).
The author demonstrates how Act 798 upholds the principles of party autonomy and limited court interference while providing a supportive framework for parties arbitrating in Ghana — factors that position the country as an attractive seat for international commercial arbitration within sub-Saharan Africa.
The chapter also traces the growing trend of incorporating ADR provisions into Acts of Parliament and subsidiary legislation enacted since 2010.
Chapter Three introduces the mechanics of commercial arbitration, addressing the arbitrability of disputes, the obligations of an arbitrator upon appointment, revocation of appointment, the jurisdiction of an arbitral tribunal, the distinction between ad hoc and institutional arbitration, and the scope of the High Court’s power to intervene in arbitral proceedings.
Chapter Four takes the reader through the procedural stages of arbitration, from the commencement of proceedings and the respondent’s response to counterclaims, amendments, service of process, and preliminary hearings.
It further addresses the general rules of evidence applicable to arbitral proceedings and the broad powers available to arbitral tribunals.
Chapter Five brings the work to a close with a thorough treatment of arbitral awards.
Topics covered include the requirements for a valid award under Ghanaian law, the form of the award, arbitrators’ fees, time limits for delivery, the various types of awards, enforcement procedures — including enforcement against the state — and the grounds for setting aside an award.
Clarity
Throughout the book, Banson writes with clarity and precision.
His deliberate choice of accessible language ensures that the text speaks not only to seasoned arbitration practitioners but also to law students, business executives, and policy professionals who require a reliable guide to commercial arbitration in Ghana.
The result is a work that is both scholarly and practical — one that demystifies a complex area of law without sacrificing rigour.
Commercial Arbitration in Ghana — Practice and Procedures fills a conspicuous gap in Ghanaian legal literature.
As arbitration continues to grow as the preferred mechanism for resolving commercial disputes in the region, this book is poised to become an essential resource for anyone engaged in or affected by the Ghanaian arbitral process.
