Lex Mundus & Cencla

Publications

SAMPLE PRECEDENTS FOR CONVERTING LITIGATION TO ARBITRATION

Below are three professionally drafted legal templates for shifting a commercial dispute from litigation to arbitration under the ADR Act, 2010 (Act 798) and the Accra Arbitration Rules 2025. 📄 1. MODEL SUBMISSION AGREEMENT (Post-dispute arbitration agreement for converting litigation to arbitration) SUBMISSION AGREEMENT TO ARBITRATION (UNDER THE ACCRA INTERNATIONAL ARBITRATION AND MEDIATION RULES 2025) […]

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HOW TO SHIFT FROM LITIGATION TO ARBITRATION UNDER THE ACCRA RULES

STEP 1: Establish Legal Basis for Conversion (Court → Arbitration) (A) Where an arbitration clause already exists Apply for stay of proceedings under: Alternative Dispute Resolution Act, 2010 (Act 798), s.6 Court must refer matter to arbitration if dispute falls within clause. (B) Where NO arbitration clause exists Use post-dispute submission agreement: Act 798, s.7

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Arbitration and Commercial Procedure in Ghana: Moving Disputes from Litigation to Institutional Resolution

Abstract This article examines the legal and procedural architecture for shifting commercial disputes in Ghana from court litigation into institutional arbitration. It argues that Ghanaian law does not treat litigation and arbitration as hermetically sealed systems; rather, the Alternative Dispute Resolution Act, 2010 (Act 798), read together with the High Court’s commercial procedure rules and

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