TITLE:
Jurisdiction and Its Ramifications in Ghanaian Arbitration Proceedings
AUTHORS:
Ogochukwu C. Nweke, Samuel N. K. Agbenyega, Peter Awuni Apuko
KEYWORDS:
ADR, Arbitration, Jurisdiction, Recognition, Enforcement, Locus Standi
JOURNAL NAME:
Open Journal of Social Sciences,
Vol.12 No.1,
January
8,
2024
ABSTRACT: Jurisdiction, defined as the legal capacity of a
judicial body to adjudicate a matter, is crucial. Even the most solid of cases
may be rendered a nullity if presented before a forum lacking the appropriate
jurisdiction. In the Republic of Ghana, the adoption of arbitration as an
alternative to the traditional dispute resolution mechanisms hinges on various
types of jurisdiction: personal, subject matter, or forum-based; as well as on
the arbitrability of the matter and competence of the tribunal. Locus standi
forms the foundation for both disputing parties and the tribunal in processing,
adjudicating, and issuing valid and enforceable arbitral awards. Such awards
must be recognisable and enforceable by a competent national court,
specifically the high court in Ghana’s context.