An Examination of Commercial International Dispute Resolution Framework in Ghana and the United Kingdom Arbitration System

Abstract

Over the last decade, the Administration of Justice through the Ghana’s regular courts has encountered with a lot of international commercial activity problems. Among them are constant delays. An attempt to eliminate these delays and ensure faster justice delivery has seen the importance of arbitration in Ghana. The expedition for speedy and vigorous implementation, resulting in more efficiency in contract drafting, has at all times dominated international commercial dealings. Hence the need for resorting to arbitration is more compelling, overlooking the lethargic attitude of Ghanaian courts, to the resolution of sophisticated commercial disputes. The study therefore examined commercial international dispute resolution framework in Ghana and the United Kingdom arbitration system. The paper used stratified random sampling technique to sample 100 respondents for the data analyses. The study underscored that the commercial arbitration (both international and local) was in common use of resolving commercial dispute. Also, the study further posited that commercial arbitration (both local and international) is more effective in resolving commercial disputes as compared to the traditional courts systems. Finally, the study recommended that when adjudicating over disputes that have foreign elements, the Ghana’s judicial officers must approach it with prudence, most especially when the issues before relates to public policy.

Keywords: Trade, Law, Arbitration, Resolution, Commercial Markets, and Disputes