Open Journal of Social Sciences

Volume 12, Issue 1 (January 2024)

ISSN Print: 2327-5952   ISSN Online: 2327-5960

Google-based Impact Factor: 0.73  Citations  

Jurisdiction and Its Ramifications in Ghanaian Arbitration Proceedings

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DOI: 10.4236/jss.2024.121001    61 Downloads   666 Views  

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.

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Nweke, O. , Agbenyega, S. and Apuko, P. (2024) Jurisdiction and Its Ramifications in Ghanaian Arbitration Proceedings. Open Journal of Social Sciences, 12, 1-19. doi: 10.4236/jss.2024.121001.

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