IN THE MATTER OF THE ALTERNATIVE DISPUTE RESOLUTION ACT, 2010 (ACT 798) AND IN THE MATTER OF AN APPLICATION UNDER THE INHERENT JURISDICTION OF THE COURT AND SECTION 59 OF THE ALTERNATIVE DISPUTE RESOLUTION ACT, 2010 (ACT 798) TO ENFORCE ARBITRAL AWARD OF THE FEDERATION OF COCOA COMMERCE (FCC) AND IN THE MATTER OF AN APPLICATION FOR ENFORCEMENT OF ARBITRAL AWARD UNDER SECTION 59 OF THE ALTERNATIVE DISPUTE RESOLUTION ACT, 2010 BETWEEN DUTCH AFRICAN TRADING COMPANY BV (DATC) vs. WEST AFRICAN MILLS COMPANY LIMITED

JUDGMENT KOOMSON JSC: INTRODUCTION: The Applicant/Appellant/Respondent (hereinafter referred to as 'Respondent') on 10th January, 2022 filed an application for leave of the High Court to enforce an arbitral award of the Federation of Cocoa Commerce, London dated 7th September, 2015. The Respondent/Respondent/Appellant (hereinafter referred to as 'Appellant') filed an Affidavit in Opposition to the Respondent's application on 30th January, 2023. FACTS OF THE CASE In the Respondent's Affidavit in Support, it states that the Respondent commenced arbitration proceedings against the Appellant by a claim submitted on 15th January, 2014. The arbitration was before the Federation of Cocoa Commerce (FCC) tribunal in London, UK in relation to twelve (12) contracts between the parties. Respondent states that all twelve (12) contracts were subject to the FCC Rules. The contracts made reference to FCC Rules and agreed that any dispute arising between the parties shall be referred for deter...