PINE SPRINGS LIMITED vs. UNIVERSITY OF GHANA & ANOR

RULING On 17th October 2022, the Respondents/Applicants (hereinafter called the Applicants) filed an application for the enforcement of arbitral award between the parties. The motion is supported by affidavit and exhibits. The Claimant/Respondent (hereinafter called the Respondent) filed affidavit in opposition on 7th July 2023. The motion was subsequently argued for and against by counsel for the parties. In this case, an arbitral award was published between the parties on 12th July, 2022. The arbitral award has not been set aside by any court. The Respondent in its affidavit in opposition contended, that the arbitrator had no jurisdiction in respect of the arbitral proceedings. Counsel for the Applicants contended otherwise. It is settled law, that an arbitrator cannot arbitrate on a matter which section 1 of the Alternative Dispute Resolution Act, 2010 (Act 798) prohibit or proscribe. See: KOFI OTOPA (SUBSTITUTED BY MATILDA ASANTEWAA) v AMANKWA OTOPABIA [2022] 177 GMJ 190 CA ...