The
National Committee of the International Chamber of Commerce, ICC Ghana, has
paid a courtesy call on Chief Justice Sophia
Akuffo to congratulate her on her appointment and to introduce
the ICC International Court of Arbitration.
The
delegation was comprised of the Chairman of ICC Ghana, Alhaji Asoma Banda;
Ghana’s representative to the Court, Nene Amegashie; Fmr Attorney General, Mrs
Marietta Brew Opong; Mr. Adu Kusi and the Secretary General of ICC Ghana,
Emmanuel Doni-Kwame.
The
delegation briefed the Chief Justice on the work of ICC Ghana and the ICC
International Court of Arbitration. The visit was also to inform her of some of
the programmes that ICC Ghana is working on to help train lawyers and judges - especially
in the area of dispute resolution.
Chief
Justice Sophia Akuffo, welcoming the
delegate in her goodwill message said: “The intentions couldn’t
have come at a better time, with the numerous cases in the commercial courts
which are not necessary - particularly with passing of the ADR act which
encourages parties to go for arbitration.
But the issues have always boiled
down to the issue of credibility, because this avenue will be sought when
parties are confident that the case will be handled genuinely and judgement be
fair”.
She
expressed her excitement that a well-recognised body like the ICC, which has
gotten systems in place, is embarking on a project like this.
She
recounted her experience in Mauritius, which is gradually becoming a place for
Arbitration in Africa, and said that ICC Ghana should liaise with the Judicial
Training Institute on the development of training programmes for lawyers and
judges.
The
Chief Justice thanked the delegation for the visit, and said it was special to
her since the ICC’s work compliments her own.
ICC
Chairman AlhajI Asoma Banda stated that the International Court of Arbitration is the world’s leading
arbitral institution. Since 1923, the ICC International Court of Arbitration has
been helping to resolve difficulties in international commercial and business
disputes to support trade and investment.
He indicated that the ICC
performs an essential role by providing individuals, businesses and governments
alike with a variety of customisable services for every stage of their disputes.
He
said his motivation for promoting the court of arbitration’s work in Ghana came
as a result of the numerous judgement debt awards being accrued by the state, which
result from lack of adequate training for state attorneys and lack of information
- particularly in cases where ADR avenues could have been employed.
ICC
Ghana, with support from the world business organisation ICC, will be running
training programmes in international commercial arbitration.
Approximately
10 percent of ICC arbitrations involve a state or a state entity. ICC arbitration is chosen for disputes
involving states or state entities in all parts of the world, although there is
a concentration of cases from sub-Saharan Africa, Central and West Asia, Central
and Eastern Europe.
Between
them, cases from these regions account for about 80 percent of ICC arbitrations
involving states and state entities.
Cases
cover both commercial and investment disputes. Claims arising out of commercial
contracts constitute the largest category of cases, and the most frequent kinds
are those relating to construction, maintenance and the operation of facilities
or systems.
The
Chairman made an official request that the Chief Justice supports ICC Ghana in
its effort to make Ghana a place of arbitration, and for the possible setting-up
of an ICC hearing centre for sub-Saharan Africa in Accra - such that Ghanaian
corporate bodies will be encouraged to use the ICC’s mediation and arbitration
rules and clauses in their contracts; and also insist on Ghana as a genuine place
for arbitration. This will help save cost, since currently most cases are held
overseas; the state and businesses spend so much in getting their cases heard
overseas, he stated.
The
Chairman thanked the Chief Justice and said ICC Ghana will work on her
recommendations, promising that ICC Ghana will do its bit to make her days as
Chief Justice successful ones.
Mr.
Doni-Kwame informed the Chief Justice that ICC has established a Nominations
Committee made up of prominent retired Judges of the Supreme Court to propose
arbitrators to the ICC International Court of Arbitration.
“A world network of national committees keeps the ICC International Secretariat in Paris informed about national and regional business priorities. More than 2,000 experts drawn from ICC’s member-companies feed their knowledge and experience into crafting the ICC stance on specific business issues.
“The United Nations, World Trade Organisation, G20 and many other intergovernmental bodies, both international and regional, are kept in touch with the views of international business through the ICC,” he said.
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