SCANTRUCK (GHANA) LIMITED (PLAINTIFF) vs. SCANIA CVAB (PUBL) (DEFENDANT)

In the instant application, the plaintiff herein prays the court for an order for arbitration proceedings to be held in Ghana under the Alternative Dispute Resolution (ADR) Act, 2010 Act 798. The plaintiff relies on an agreement signed between the plaintiff and the defendant exhibited as exhibit SGL.2 Clause 9 of which provides that: “This agreement and all of its terms shall be governed by and construed according to Swedish law. Disputes in connection with this Agreement or further agreements resulting thereof, shall not be taken to a court of law but shall be finally settled by arbitration in Sweden according to Swedish law. However, if chosen by Scania, the governing law and competent courts shall be those of the country of ScanTruck in the event of any debt of ScanTruck owed and not paid to Scania.” It must be pointed out that clause 8 of this agreement also states that: “This Agreement shall become effective on the date of signing by both Parties shall remain in force un...