News

Balancing Justice and Efficiency: Highlights from the 2nd ICC Ghana Arbitration and ADR Day

The second ICC Ghan Arbitration and ADR day featured insightful panel discussions addressing key aspects of arbitration and ADR… via Edwin Anankpieng.

Published March 11, 2025

On Wednesday, 5th March 2025, the 2nd ICC Ghana Arbitration and ADR Day was held under the theme “Ensuring Justice and Efficiency in Arbitration: The Balance Between Legal Representation and Tribunal Intervention.”

The event was graced by Hon. Dr. Dominic Akuritinga Ayine, Attorney General and Minister for Justice; Claudia Salomon, President of the ICC Court of International Arbitration; and Her Ladyship Chief Justice Gertrude Sackey Torkornoo. Also in attendance was Mrs. Victoria Barth, Vice President of the Ghana Bar Association, alongside other esteemed members of the legal fraternity.

Opening Remarks

In her opening address, Claudia Salomon emphasized the significance of the event in fostering dialogue and collaboration among Alternative Dispute Resolution (ADR) practitioners.

On her part, Her Ladyship Chief Justice Gertrude Torkornoo spoke on the evolving role of the judiciary in supporting arbitration, underscoring the delicate balance between court intervention and non-interference in arbitral proceedings.

Panel Discussions

The event featured insightful panel discussions addressing key aspects of arbitration and ADR.

Session 1: The Role of Legal Representation in Arbitration

This session explored the role of legal representatives in ensuring effective advocacy while upholding the integrity of the arbitration process. Panelists emphasized:
• The importance of assessing the competence of the tribunal.
• Adherence to timelines and maintaining open communication.
• Integrity in disclosures, including conflicts of interest, to ensure a fair arbitration process.
• Understanding applicable rules, particularly those governing the arbitral seat and terms of reference.
• Ethical considerations such as timely conflict disclosures, confidentiality measures, and adherence to international arbitration guidelines.

Session 2: Tribunal Intervention in Arbitration

This session featured deliberations by Jacob Grierson, an independent arbitrator from Luanda, and Kizito Beyuo, Managing Partner of Beyuo & Co. The discussion focused on when and how arbitral tribunals should intervene, taking into account ethical and procedural implications.

The panel stressed the need for tribunal intervention only when necessary, ensuring that it is:
• Impartial – avoiding bias or favoritism.
• Proportional – maintaining fairness in decision-making.
• Transparent – upholding due process and procedural clarity.
• Efficient – preventing unnecessary delays in proceedings.

Session 3: Ensuring Justice and Efficiency in Multiparty Arbitrations

The final session examined the challenges and best practices in managing multiparty arbitrations while ensuring procedural fairness and efficiency. Key considerations included:
• Proper constitution of parties to avoid jurisdictional challenges.
• Cost regulation to prevent excessive financial burdens.
• Leveraging technology to streamline arbitration processes.
• Early identification of key issues and voluntary discovery mechanisms.
• Transparency measures, including clear communication channels, rules on ex parte communication, and structured submission protocols.

Conclusion

The 2nd ICC Ghana Arbitration and ADR Day successfully fostered critical discussions on arbitration and ADR in West Africa. The event reinforced Ghana’s emerging status as a regional arbitration hub while equipping participants with valuable insights, networking opportunities, and strategies for advancing arbitration practices in the region.

Prince Asafo-Adjei, a legal practitioner with Sam Okudzeto & Associates, contributed to this article.

By Legal Desk

Recent Posts

Ghana’s Brics Bid and the Price of Strategic Autonomy

As Washington takes a more disruptive, transactional, and uncharacteristically unconventional approach to global cooperation, and…

3 days ago

Monday Essay: When the Shell Remains: The Vanishing Trial Record and the Struggle to Reconcile Fair Trial Rights and Judicial Integrity

During moments when staff of the judicial service embark on strike action to demand their…

4 days ago

Read the Full Ruling in the Case of The Republic v The High Court, Tema

On Tuesday, 24th March, 2026, the Supreme delivered its ruling in the case of The…

1 week ago

Case of the Week: Obaapanin Abena Manu & Forty-three others v. Opanin Kwaku Mensah & Four Others

The dispute concerned House No. ME 32, Block 12, Manhyia Extension, Kumasi. The house had…

1 week ago

Monday Essay: Beyond Legalism: The Influence of Judicial Ideology, Personal Values and Other Factors on Judicial Decisions

There is no doubt that judicial ideology constitutes a fundamental aspect that shapes legal interpretations…

2 weeks ago

Writ of Summons: Zakaria Abdulai v Manasseh Azure Awuni & Multimedia Group

On Friday, 16th October, 2026, Zakaria Abdulai instituted a defamation action against investigative journalist Manasseh…

2 weeks ago