Arbitration is the process which the parties to a dispute present arguments and evidence to an independent and impartial third party (the arbitrator) or arbitral tribunal who hands down an award which is binding on the parties. GLOMAC arbitrations are conducted in accordance with GNAAP rules for arbitration, the provisions of the ADR Act 2010 (Act 798), Ghana and other rules mutually agreed by the parties.
Filing of Case:
GLOMAC shall be provided with three copies of statement of claim together with arbitration agreement (if any) setting out:.
a. the nature of dispute;
b. how the dispute arose; and
c. the remedy sought
i. GLOMAC case filing fee (non-refundable) and administrative fee must be paid for the matter to proceed.
ii. Generally administrative fees (accountable) are payable by the two parties, although one may offer to pay the whole amount for the matter to move forward.
iii. An initial deposit of Arbitration fee shall be paid jointly by the parties before the commencement of the arbitration after selection of Arbitrator(s).
Notice to parties:
a. Any notice, including a notification, communication or proposal, is received if it is physically delivered to the addressee or if it is delivered at the addressee’s habitual residence, place of business or mailing address, or, if none of these can be found after making reasonable inquiry, then at the addressee’s last-known residence or place of business and notice is deemed to have been received on the day it is delivered.
b. A notice required to be given may be given by telephone, WhatsApp, e-mail or any other means of electronic communication.
c. A notice given through telephone or any other verbal mode permitted shall be confirmed in writing which shall state the names, addresses (including e-mail addresses) and telephone numbers of the parties.
d. Failure to confirm a notice in writing does not invalidate the proceedings.
Provision of Panel: Based on the materials provided by the parties, GLOMAC will provide the parties with a list of qualified arbitrators, including copies of their CVs and information relating to their fees.
List of preferences:
Within seven days of receiving these details, the parties shall separately provide GLOMAC with a list setting out their order of preference with respect to the proposed arbitrators. Any concerns about unsuitable candidates may also be expressed to GLOMAC at this point. When parties are unable to select a preferred arbitrator (s), the appointment of an arbitrator (s) shall be made by GLOMAC.
Number of arbitrators:
a. The parties may agree on the number of arbitrators and if the parties within fourteen days of the service of the notice of arbitration on the respondent, do not agree on the number of arbitrators, three arbitrators shall be appointed by GLOMAC.
b. Where the arbitration agreement provides for the appointment of an even number of arbitrators:
(i) the arbitrators shall within fourteen days of their appointment appoint an additional arbitrator to be the umpire
(ii) if the arbitrators are unable to appoint the additional arbitrator within the specified time, shall appoint the additional arbitrator to be the umpire.
Appointment of arbitrators:
a. If the parties in their agreement name an arbitrator or specify a method of appointment of an arbitrator, that designation shall be followed, except that the parties shall provide GLOMAC with the full names, addresses, nationalities and qualifications of the arbitrators named by them.
b. If the parties do not name an arbitrator or provide a method for the appointment of an arbitrator, but have provided for the appointment of a sole arbitrator, either party may propose to the other party from the list of arbitrators given to them by GLOMAC:
(i) the full names, addresses, nationalities and qualifications of one or more persons one of whom would serve as the sole arbitrator, or
(ii) that GLOMAC should appoint the sole arbitrator.
c. If within fourteen days of a proposal being made and the parties are unable to reach an agreement, the appointment of the sole arbitrator shall be made by GLOMAC.
d. Where the arbitration agreement requires the appointment of three arbitrators and agreed on the number of arbitrators:
(i) each party shall appoint one arbitrator; and
(ii) the appointed arbitrators shall appoint the third arbitrator who shall be the umpire.
e. Where the arbitrators appointed by the parties fail to appoint an umpire, the umpire shall be appointed by GLOMAC.
f. Where a party who is given notification of appointment of arbitrator does not within fourteen days of the notification appoint an arbitrator and notify the other party of the appointment, that other party shall request GLOMAC to appoint the second arbitrator.
g. If the arbitration agreement does not specify a period of time for the appointment of an arbitrator, GLOMAC shall request the parties to make the appointment within fourteen days and if any party or all the parties fail to make the appointment GLOMAC shall appoint the arbitrator.
h. A party who has to appoint an arbitrator may request from GLOMAC a list of arbitrators from the register of arbitrators, from which the party may make the appointment, and GLOMAC shall provide the list.
i. Where GLOMAC has to appoint an arbitrator:
(i) GLOMAC shall, after the filing of the notice of arbitration, submit to each party at the same time an identical list of five persons or more from the register, and
(ii) each party shall, within seven days from the submission of the list cross out any two names to which the party objects and number the remaining names in order of preference and return the list to GLOMAC
j. If a party fails to return the list within the specified time, all persons on the list shall be considered acceptable to that party and GLOMAC shall be entitled to appoint any of the persons on the list.
k. GLOMAC shall, in accordance with the order of preference indicated on the returned lists, appoint the arbitrator and notify the arbitrator and the parties within seven days of appointment.
l. The appointed arbitrator shall within seven days of being notified, inform GLOMAC of the acceptance or rejection of the appointment. If:
(a) the parties fail to agree upon any of the persons named,
(b) the acceptable arbitrator is unable to act, or
(c) for any other reason the appointment cannot be made from the submitted list, GLOMAC shall appoint the arbitrator from among persons on the register without the submission of an additional list to the parties.
The Arbitral Process:
Preparation: The arbitrator will notify the parties of the date (usually within 14 days, unless otherwise agreed) and place for holding a preliminary conference to set a timetable for the exchange of documents and statements of issues, and other procedural matters. The arbitrator shall commence as soon as practicable after GLOMAC has received the initial deposit.
The arbitrator shall proceed to hear the parties, unless the parties agree to proceed by document only. During the hearing, the parties are bound by any procedural direction which may directed. The arbitrator may determine the submission or limitation of: pleadings, discovery, opening and closing addresses, lodgment of sworn statements or affidavit, evidence, reply to documents tendered, cross-examination of deponents, expert witnesses and reports, and cross-examining witnesses.
Adjournment: The arbitration may be adjourned if the arbitrator or the parties believe direct negotiation or mediation would assist the resolution of the dispute. If the arbitration is adjourned, mediation or negotiation must occur within 21 days of the adjournment and conclude within 28 days (unless otherwise agreed by the parties).
Deliberation: in determining the matter, the arbitrator(s) will take into consideration all documents, information, other written and oral material (including site visits or inspections if necessary) and views the parties have submitted before the arbitrator(s).
Award and reasons: The arbitrator(s) will hand down a final award which is binding on the parties. The arbitrator(s) is required to give reasons for the award given (unless otherwise agreed by the parties).