[2021]DLCA10035 • February 3, 2021 • Court of Appeal
GULF OFFSHORE LOGISTIC vs. BLUEFONE MARINE GH.
WELBOURNE, J.A The Respondent/Applicant/Appellant/Applicant counsel moved an application on Notice for stay of execution pending appeal, to wit for an order to stay the execution of a foreign arbitial award. Counsel for the Applicant anchored his arguments on two main grounds: 1. That the appeal has a high chance of success based on the lack of substantive jurisdiction of the Sole Arbitrator that granted the award. 2. The Non-compliance of the Respondent with the provisions of the statute when it applied for leave to enforce the arbitral award. The Applicant also sought to draw a distinction between the parties agreeing to dispute resolution by the LMAA with respect to the Time Charter and resolving disputes regarding the operational agreement under the Rules of the ICC. Further that there is no reciprocal agreement between the Government of Ghana and the U.K. in the enforcement of Arbitral Awards and therefore the Respondent could not seek leave to enforce such an award withi...