AGRICULT GHANA LIMITED & 2ORS. (APPLICANTS) vs. GHANA COCOO BOARD (RESPONDENT)

The core issues which this Court has been called upon to resolve are found in the two main grounds filed by the Applicants herein, namely, 1. The failure by Nana Dr. S.K.B. Asante, Chairman of the Arbitral Tribunal, to disclose the fact that his daughter is a Senior Policy Advisor to the President. 2. The decision of the Arbitral Tribunal being based on broad public policy reasons is precluded by the ADR Act from being settled by arbitration. The issues to be determined are therefore: (a) Whether or not the non-disclosure of the relationship between Nana Dr. S.K.B. Asante, Chairman of the Arbitral Tribunal and his daughter, a Senior Policy Advisor to the President of the Republic of Ghana, is a ground to set aside the arbitral award. (b) Whether or not the arbitral award ought to be set aside on the ground that the Arbitral Tribunal relied on broad public policy in arriving at its decision. A brief background of the matters that has given rise to this Application is that on the 3...