AKWASS FARMS LTD vs. GHANA TELECOM CO. LTD

MARFUL-SAU, JA: - This appeal is against the ruling of the High Court, Accra (Fast Track) Division delivered on the 18th September 2008. The appellant and respondent had entered into a contract for the supply of telegraphic poles on the 27th January, 2004. In the performance of the said contract the respondent herein alleged a breach for which it invoked article 23 of the contract, which is the arbitration clause. The said article 23 provides that:- “Any dispute or differences arising out of the contract which cannot be amicably settled between the parties shall be referred to and settled in accordance with the Arbitration Act 1961 (Act 38).” The parties herein agreed to submit the dispute to the Ghana Arbitration Centre for resolution in accordance with the Arbitration Rules of the Centre. By consent Dr. S. K. B. Asante was appointed the sole Arbitrator in January 2007 to arbitrate the dispute. Before the formal arbitration proceedings could start, the respondent who was th...