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

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.