International Arbitration Comparative Guide

1 Legal framework

1.1 What is the relevant legislation on arbitration in your jurisdiction? Are there any significant limitations on the scope of the statutory regime – for example, does it govern oral arbitration agreements?

The Alternative Dispute Resolution Act 798/2010 governs arbitration in Ghana. Section 1 of the act states that the act does not apply to matters which relate to the following:

• the national and public interest – a term which is not defined in the act;
• the environment;
• the enforcement and interpretation of the Constitution; or
• any other matter that by law cannot be settled by alternative dispute resolution.

Section 2 of the act provides that an agreement to arbitrate must be in writing. However, Section 89 provides that once a dispute has arisen, the parties may orally agree to submit the dispute to customary arbitration.