Arbitration Bill in the pipeline
Gilbert Boyefio
21/02/2007
The Attorney General and Minister of Justice, Joe Ghartey has disclosed that by June this year an arbitration bill will be laid before Parliament to be passed into law.
The need for this law stems from the fact that courts in the country are over burdened with cases and the option of a successful alternative dispute resolution in the country cannot be understated.
Speaking to The Statesman yesterday, Mr Ghartey explained that although all the laws in the country have elements of arbitration in them, it is about time the ADR has a law of its own. "Instead of having pockets of ADR in various laws, why not have a single law that addresses issues of ADR directly?, he queried.
He observed that since 1958 when Ghana signed the New York Convention on the enforcement of foreign arbitration award, which allows a member country to enforce an award in all the other member countries, Ghana has not taken advantage of this law, adding, ?even a lot the bi-lateral agreement that the country signs has element of ADR?.
He appealed to mediators and arbitrators in the country not to limit themselves to Ghana alone, but venture into the West African sub-region.
Addressing participants at the launching of the Ghana Association of Certified Mediators and arbitrators and the inauguration of their premises, the Chief Justice in a speech read on his behalf by Justice Georgina Wood, noted that as a nation, ?we cannot run away from the fact that our court system has become over tasked with a lot of case load?.
Citing staggering figures from the 2005 to 2006 annual report of the judiciary to buttress this point, the Chief Justice noted that at the beginning of the year under review, the high court had 19,350 cases pending, 12,116 newly filed cases during that period, 9,436 cases concluded and 22,030 cases pending at the end of that period.
He said the trend in the Circuit Courts is almost similar with 54,414 cases pending at the beginning of the period, 49,182 newly filed cases during the period, 40,426 cases concluded during the period and 63,170 cases pending at the end of the period.
Justice Acquah said the trend in all the two instances show phenomenal increases in the cases pending at the end of the period over the number of cases that were carried over from the preceding period.
He said it has become clear that one way out of the dilemma is the adoption of the ADR system. ?For several years the judiciary has been working hard to institutionalise the practice of ADR as an integral pert of the judiciary process in this country, particularly with the coming of the commercial courts?, he added.
The President of GHACMA, Kofi Quarshigah, said the objectives of the association include promoting and supporting the use of ADR both in and out of Ghana.
He said GHACMA would train, certify and ensure control of the mediators and arbitrators in the practice of ADR. ?We will act as a referral point for individuals and organisations needing ADR services and also to co-operate with the State in regulating the ADR industry in the country.?
Mr Quashigah however pointed out that GHACMA itself is not a service provider but an umbrella organisation that would facilitate service delivery by its members who may be either corporate or individuals. He said the association will not be limited to only Accra, but intends opening branches all over the country.
Over the year, GHACMA has spear-headed training sessions for various organisations that handle disputes on a daily basis from such institutions as the Legal Aid Scheme, Domestic Violence Victim Support Unit of the Ghana Police Service, Department of Social Welfare, CHRAJ and the Attorney General's Department.
In April 2003, GHACMA collaborated with the Judiciary in organising the first ever case settlement or mediation week which culminated in the amicable resolution of various cases, some of which had been pending in the courts for over five years.
21/02/2007
The Attorney General and Minister of Justice, Joe Ghartey has disclosed that by June this year an arbitration bill will be laid before Parliament to be passed into law.
The need for this law stems from the fact that courts in the country are over burdened with cases and the option of a successful alternative dispute resolution in the country cannot be understated.
Speaking to The Statesman yesterday, Mr Ghartey explained that although all the laws in the country have elements of arbitration in them, it is about time the ADR has a law of its own. "Instead of having pockets of ADR in various laws, why not have a single law that addresses issues of ADR directly?, he queried.
He observed that since 1958 when Ghana signed the New York Convention on the enforcement of foreign arbitration award, which allows a member country to enforce an award in all the other member countries, Ghana has not taken advantage of this law, adding, ?even a lot the bi-lateral agreement that the country signs has element of ADR?.
He appealed to mediators and arbitrators in the country not to limit themselves to Ghana alone, but venture into the West African sub-region.
Addressing participants at the launching of the Ghana Association of Certified Mediators and arbitrators and the inauguration of their premises, the Chief Justice in a speech read on his behalf by Justice Georgina Wood, noted that as a nation, ?we cannot run away from the fact that our court system has become over tasked with a lot of case load?.
Citing staggering figures from the 2005 to 2006 annual report of the judiciary to buttress this point, the Chief Justice noted that at the beginning of the year under review, the high court had 19,350 cases pending, 12,116 newly filed cases during that period, 9,436 cases concluded and 22,030 cases pending at the end of that period.
He said the trend in the Circuit Courts is almost similar with 54,414 cases pending at the beginning of the period, 49,182 newly filed cases during the period, 40,426 cases concluded during the period and 63,170 cases pending at the end of the period.
Justice Acquah said the trend in all the two instances show phenomenal increases in the cases pending at the end of the period over the number of cases that were carried over from the preceding period.
He said it has become clear that one way out of the dilemma is the adoption of the ADR system. ?For several years the judiciary has been working hard to institutionalise the practice of ADR as an integral pert of the judiciary process in this country, particularly with the coming of the commercial courts?, he added.
The President of GHACMA, Kofi Quarshigah, said the objectives of the association include promoting and supporting the use of ADR both in and out of Ghana.
He said GHACMA would train, certify and ensure control of the mediators and arbitrators in the practice of ADR. ?We will act as a referral point for individuals and organisations needing ADR services and also to co-operate with the State in regulating the ADR industry in the country.?
Mr Quashigah however pointed out that GHACMA itself is not a service provider but an umbrella organisation that would facilitate service delivery by its members who may be either corporate or individuals. He said the association will not be limited to only Accra, but intends opening branches all over the country.
Over the year, GHACMA has spear-headed training sessions for various organisations that handle disputes on a daily basis from such institutions as the Legal Aid Scheme, Domestic Violence Victim Support Unit of the Ghana Police Service, Department of Social Welfare, CHRAJ and the Attorney General's Department.
In April 2003, GHACMA collaborated with the Judiciary in organising the first ever case settlement or mediation week which culminated in the amicable resolution of various cases, some of which had been pending in the courts for over five years.
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