HEILAND RESOURCES LTD. vs. SINOPEC INTERNATIONAL PETROLEUM SERVICES LIMITED, SINOPEC JIANGSU & 5 ORS

JUDGMENT WELBOURNE, J.A This is an appeal against the Ruling of the High Court dated 6th July, 2021. This case ought to ordinarily have been concluded by now if the parties were ad idem as far as the forum for dispute resolution goes whether per Arbitration or through adjudication. It is interesting that the parties intention as stated in clause 16 of the Lateral Line Contract was to submit “all disputes” to Arbitration in accordance with Section 6 of the Ghana Arbitration Act (Act 798). What was the genesis of the dispute? The Plaintiff/Respondent/Appellant’s carried out works as a sub-contractor on the orders or requests of the 3rd Defendant/Applicant/Respondent on the project, which works were not specifically spelt out in the “Scope of Works” as detailed in the Agreement Attachment 1 of the Agreement (see page 75 of the ROA). All these works were quantified by the Respondent and according to the Appellant fully paid for by the Government of Ghana. The logical th...