[2020]DLHC8949 • February 24, 2020 • High Court
DR KWABENA DUFFOUR & 15 ORS vs. NII ANANOR DODOO vs. THE ATTORNEY-GENERAL
The Claimants/Applicants sought a determination of the jurisdiction of an arbitrator appointed by the High Court pursuant to section 141 of the Banks and Specialised Deposit Taking Institutions Act, 2016 (Act 930). The dispute arose from a prior High Court ruling referring certain claims to arbitration under Act 930, with Professor DateBah appointed as arbitrator. The arbitrator declined jurisdiction on grounds that the parties had not consented to arbitration nor to his appointment. The Claimants challenged this ruling, asserting that the arbitration was statutorily mandated and consent was implied by law, and that the arbitrator exceeded his mandate by questioning the court's referral order.
read moreThe Claimants/Applicants herein (referred to hereafter as “Applicants”) seek an order determining the jurisdiction of the arbitrator in accordance with section 26 of the Alternative Dispute Resolution Act, 2010 (Act 798) for the following reasons: a. The honourable Arbitral Tribunal erred when it ruled that without the consent of the parties the high court presided over by Her Ladyship Justice Jennifer Dadzie did not have jurisdiction to refer to arbitration a dispute which is mandated by the relevant provisions of the Banks and Specialised Deposit Taking Institution Act 2016 (Act 930). b. That the Honourable Arbitral Tribunal erred when it ruled that all the parties to the High Court case before Jennifer Dadzie J and who did not give their consent to participate in the arbitration were not bound by the said order but are bound to pay the fees of the arbitral tribunal and incidental costs which the Claimants felt compelled to source for funds to pay. c. That the ruling if allowe...