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 → Court may refer matter to arbitration with consent of parties
This is the most common pathway for mid-litigation conversion
—
STEP 2: Execute a Written Submission Agreement
This is the critical conversion instrument
Legal Basis:
Act 798, s.2 → arbitration agreement may be concluded after dispute arises
Accra Rules, Rule 3(1):
Applies to any “agreement, submission or reference… before or after a dispute has arisen”
Practical Content:
Include:
Reference to Accra Arbitration Rules
Identification of dispute (including court suit number if pending)
Agreement to discontinue or stay litigation
Seat, language, number of arbitrators
—
STEP 3: Align Court Proceedings with Arbitration Move
File in court:
Stay application OR
Consent referral order
Preserve interim orders if needed (Act 798, s.6)
👉 This ensures procedural continuity between litigation and arbitration
—
STEP 4: Commence Arbitration (Formal Institutional Entry)
Governing Rule:
Accra Rules, Rule 5 (Request for Arbitration)
Key Requirements:
Submit Request for Arbitration to Registrar
Must include:
Parties’ details
Contract or submission agreement
Description of dispute
Relief sought
Seat/language proposal
Proof of service
Filing fee
➡️ Arbitration commences when request is complete and received
—
STEP 5: Respondent’s Participation
Governing Rule:
Rule 6 (Response to Request)
Respondent must:
File response within 30 days
Admit/deny claims
Raise counterclaims
Nominate arbitrator (if applicable)
⚠️ Failure to respond:
Does not stop arbitration, but may affect nomination rights
—
STEP 6: Constitution of the Arbitral Tribunal
Governing Rule:
Rule 7 (Appointment of Tribunal)
Key points:
Default = sole arbitrator
Parties may opt for three arbitrators
If parties fail → Center appoints
Fast-track option:
Rule 10 (Expedited formation) for urgent disputes
—
STEP 7: Determine Seat and Applicable Law
Governing Rules:
Rule 18 → Seat of arbitration (default: Accra)
Rule 19 → Applicable law = law of seat (typically Act 798)
—
STEP 8: Transfer/Substitute Pleadings into Arbitration
Practical Mechanism:
Under Act 798, s.7:
Court pleadings can be adopted as arbitral pleadings
Under Accra Rules:
Rule 15:
Statement of case
Statement of defence
Reply and counterclaims
➡️ Avoids duplication of litigation work
—
STEP 9: Address Interim Protection Needs
Options:
(A) Tribunal powers
Rule 27 → interim and conservatory measures
(B) Emergency relief
Rule 28 → Emergency Arbitrator mechanism
➡️ Eliminates need to remain in court for urgency
—
STEP 10: Manage Multi-Party or Complex Litigation Transfers
Governing Rules:
Rule 16 → Joinder of additional parties
Rule 17 → Consolidation of proceedings
➡️ Critical where litigation involved:
Multiple contracts
Multiple defendants
—
STEP 11: Conduct Arbitration Proceedings
Governing Rule:
Rule 14 → procedural flexibility
Principles:
Fairness
Efficiency
Party autonomy
—
STEP 12: Settlement or Final Award
(A) Settlement pathway:
Rule 29 → Consent Award
(B) Final determination:
Binding arbitral award
➡️ Enforceable under:
Act 798
New York Convention (if international)
—
🔑 SUMMARY FLOW (PRACTICAL ROADMAP)
1. Identify arbitration pathway (existing clause or consent)
2. Execute submission agreement
3. Stay or refer court proceedings (Act 798)
4. File Request for Arbitration (Rule 5)
5. Respondent files Response (Rule 6)
6. Tribunal constituted (Rule 7 / Rule 10)
7. Determine seat & law (Rules 18–19)
8. Transition pleadings (Act 798 + Rule 15)
9. Seek interim relief if needed (Rules 27–28)
10. Manage joinder/consolidation (Rules 16–17)
11. Conduct arbitration (Rule 14)
12. Obtain award or consent award (Rule 29)
—
⚖️ KEY LEGAL INSTRUMENTS
Alternative Dispute Resolution Act, 2010 (Act 798)
s.2 → arbitration agreement
s.6 → stay of proceedings
s.7 → court referral
Accra International Arbitration and Mediation Rules 2025
Rule 3 → applicability (pre/post dispute)
Rules 5–7 → commencement & tribunal
Rules 14–15 → procedure
Rules 16–17 → joinder & consolidation
Rules 18–19 → seat & law
Rules 27–29 → interim relief & awards
—
⚠️ PRACTICE INSIGHT
The most decisive step is Step 2 (Submission Agreement).
Without it:
Court retains jurisdiction
Institutional arbitration cannot be triggered
The Accra Rules are particularly powerful because they explicitly validate post-dispute submissions, making them ideal for converting active litigation into arbitration.