When international companies do business in Ghana, disputes can arise—whether over investment agreements, mining licenses, commercial contracts, or shareholder issues. The key to managing that risk isn’t avoiding disputes, but ensuring they’re resolved fairly, efficiently, and outside unpredictable local courts.

That’s where arbitration becomes essential.

At Clinton Consultancy, we advise international businesses on navigating arbitration in Ghana and across Africa—whether you’re drafting contracts with arbitration clauses, enforcing awards, or preparing for high-value disputes with governments or commercial partners.

?? What Is Arbitration?

Arbitration is a private, binding, and enforceable method of resolving disputes outside the traditional court system. It is commonly used in cross-border commercial contracts due to its speed, neutrality, and confidentiality.

There are two main types:

Domestic Arbitration – governed by Ghana’s Alternative Dispute Resolution Act, 2010 (Act 798)
International Arbitration – governed by international rules like UNCITRAL, ICSID, or LCIA, often linked to investment treaties or foreign contracts

? Ghana’s Arbitration Framework: Investor-Friendly and Enforceable

Ghana has become a leading hub for arbitration in West Africa, thanks to:

Its ratification of the New York Convention (so foreign arbitral awards are enforceable)
A modern ADR Act, based on the UNCITRAL Model Law
The establishment of the Ghana Arbitration Centre and growing use of private ADR forums
Respect for international norms and a strong legal tradition under English common law

But arbitration in Ghana still requires local legal knowledge to navigate procedural nuances, enforcement hurdles, and cultural dynamics.

? Risks for International Companies Without Arbitration Clauses

Enforcement delays in domestic courts
Unpredictability due to political pressure or legal system overload
Exposure to local bias in standard litigation
Difficulty recovering cross-border claims

This is why it’s critical that contracts in Ghana—and throughout Africa—include properly worded arbitration clauses, with the seat, language, rules, and institution clearly defined.

? How Clinton Consultancy Can Help

Clinton Consultancy provides full-spectrum arbitration support for international companies in Ghana and beyond:

? Drafting and Reviewing Arbitration Clauses

Custom clauses tailored to your sector (mining, energy, construction, tech, etc.)
Selection of appropriate forum (e.g., ICC, UNCITRAL, LCIA, Ghana ADR Centre)
Defining governing law, seat, and language

? Pre-Dispute Risk Strategy

Early assessment of exposure under Ghanaian and international law
Structuring contracts and local presence to minimize enforcement risk

? Representation in Arbitration Proceedings

Acting as local counsel for international arbitrations seated in Ghana
Advising in investor-state disputes (e.g. under ICSID or BITs)
Partnering with global firms on cross-border disputes

? Enforcement of Arbitral Awards

Filing and defending enforcement actions in Ghana
Navigating local procedural hurdles and compliance

? Why Ghana Still Attracts Global Business

Despite disputes like Cassius Mining vs. Ghana, the country remains:

One of Africa’s most stable democracies
A signatory to key investment treaties and arbitration conventions
A gateway to West Africa, especially with AfCFTA HQ in Accra

The opportunity is real. So is the risk. Arbitration is your safety net—and Clinton Consultancy is your legal anchor.

? Call us: +233 (0)27 252 2695
? Email: info@clintonconsultancy.com