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)
This Submission Agreement (“Agreement”) is made this _ day of ________ 20___
BETWEEN:
1. [CLAIMANT NAME], of [Address] (hereinafter referred to as “the Claimant”)
AND
2. [RESPONDENT NAME], of [Address] (hereinafter referred to as “the Respondent”)
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1. BACKGROUND
1.1 A dispute has arisen between the Parties in relation to:
[Brief description of dispute]
1.2 The dispute is currently the subject of proceedings in:
[Name of Court, Suit No.]
1.3 The Parties have agreed to submit the dispute to arbitration in accordance with:
• The Alternative Dispute Resolution Act, 2010 (Act 798); and
• The Accra International Arbitration and Mediation Rules 2025.
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2. AGREEMENT TO ARBITRATE
2.1 The Parties hereby agree to submit the dispute described above to arbitration.
2.2 This Agreement constitutes a valid arbitration agreement within the meaning of section 2 of Act 798.
2.3 The arbitration shall be conducted under the Accra Arbitration Rules in accordance with Rule 3(1) (agreement after dispute has arisen).
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3. SCOPE OF DISPUTE
The arbitration shall cover:
• All claims in the pending court proceedings; and
• Any counterclaims or related disputes arising from the same transaction.
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4. SEAT AND LANGUAGE
4.1 The seat of arbitration shall be: Accra, Ghana (unless otherwise agreed).
4.2 The language of arbitration shall be: English.
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5. ARBITRAL TRIBUNAL
5.1 The tribunal shall consist of:
☐ One arbitrator
☐ Three arbitrators
5.2 Appointment shall be in accordance with Rule 7 of the Accra Arbitration Rules.
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6. STAY OR DISCONTINUANCE OF COURT PROCEEDINGS
6.1 The Parties shall jointly apply to the court to:
• Stay proceedings under section 6 of Act 798, OR
• Refer the matter to arbitration under section 7 of Act 798
6.2 The Parties agree not to take further steps in the court proceedings except for enforcement or supportive measures.
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7. INTERIM MEASURES
7.1 Any existing court orders shall remain in force unless varied.
7.2 The Parties may seek interim relief under:
• Rule 27 (Tribunal powers)
• Rule 28 (Emergency Arbitrator)
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8. CONFIDENTIALITY
The arbitration proceedings shall be confidential unless otherwise agreed.
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9. FINALITY
The arbitral award shall be final and binding in accordance with:
• Act 798
• Rule 29 of the Accra Arbitration Rules
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10. GOVERNING LAW
This Agreement shall be governed by the laws of Ghana.
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SIGNED:
—
[Claimant]
—
[Respondent]
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📄 2. COURT APPLICATION FOR STAY / REFERRAL
(High Court application to move dispute to arbitration)
IN THE HIGH COURT OF JUSTICE
(COMMERCIAL DIVISION)
HOLDEN AT [ACCRA/KUMASI/etc.]
SUIT NO: _________
BETWEEN:
[CLAIMANT NAME]
• Plaintiff
AND
[RESPONDENT NAME]
• Defendant
—
MOTION ON NOTICE
BROUGHT PURSUANT TO:
• Sections 6 and/or 7 of the Alternative Dispute Resolution Act, 2010 (Act 798)
• Order [relevant provision] of C.I. 47
• The inherent jurisdiction of the Court
—
TAKE NOTICE that this Honourable Court will be moved on the _ day of _____ 20___ at _ o’clock in the forenoon or so soon thereafter as Counsel may be heard for an Order:
1. Staying proceedings in this suit and referring the dispute to arbitration;
OR
2. Referring the matter to arbitration by consent of the parties;
3. Any further orders as the Court deems fit.
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GROUNDS FOR THE APPLICATION
1. The parties have entered into a valid arbitration agreement dated _.
2. The agreement complies with section 2 of Act 798.
3. The dispute falls within the scope of the arbitration agreement.
4. The parties have agreed to submit the dispute to arbitration under the Accra Arbitration Rules.
5. It is in the interest of justice and efficient dispute resolution to refer the matter to arbitration.
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AFFIDAVIT IN SUPPORT
I, [Name], of [Address], make oath and say:
1. That I am [position] of the Applicant.
2. That a dispute exists between the parties as described in the Statement of Claim.
3. That the parties have executed a Submission Agreement dated _ agreeing to arbitration.
4. That the arbitration is to be conducted under the Accra Arbitration Rules 2025.
5. That it is just and equitable that this matter be referred to arbitration.
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SWORN at [Location]
This _ day of ____ 20___
—
Deponent
Before me:
—
Commissioner for Oaths
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📄 3. PRACTITIONER CHECKLIST
(Law firm workflow for converting litigation to arbitration)
PRACTITIONER CHECKLIST: CONVERTING LITIGATION TO ARBITRATION (GHANA)
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PHASE 1: LEGAL ASSESSMENT
☐ Confirm dispute is arbitrable (Act 798, s.1)
☐ Check for existing arbitration clause
☐ Identify stage of litigation
☐ Evaluate urgency (interim relief needs)
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PHASE 2: SELECT CONVERSION PATHWAY
☐ Existing clause → Apply under s.6 Act 798
☐ No clause → Use s.7 Act 798 (consent referral)
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PHASE 3: DRAFTING
☐ Prepare Submission Agreement
☐ Include:
• Scope of dispute
• Seat (Rule 18)
• Tribunal structure (Rule 7)
• Applicable rules (Rule 3)
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PHASE 4: COURT PROCESS
☐ File Motion for Stay or Referral
☐ Attach:
• Arbitration agreement
• Supporting affidavit
☐ Secure court order
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PHASE 5: COMMENCEMENT (ACCRA RULES)
☐ File Request for Arbitration (Rule 5)
☐ Include:
• Contract / submission agreement
• Statement of dispute
• Relief sought
• Filing fee
☐ Confirm service on respondent
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PHASE 6: RESPONSE
☐ Monitor 30-day response period (Rule 6)
☐ Address:
• Counterclaims
• Arbitrator nomination
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PHASE 7: TRIBUNAL FORMATION
☐ Apply Rule 7 (appointment)
☐ Consider Rule 10 (expedited formation)
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PHASE 8: PROCEDURAL TRANSITION
☐ Convert court pleadings → arbitral pleadings
☐ File Statement of Case / Defence (Rule 15)
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PHASE 9: INTERIM PROTECTION
☐ Consider:
• Tribunal measures (Rule 27)
• Emergency arbitrator (Rule 28)
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PHASE 10: COMPLEXITY MANAGEMENT
☐ Joinder (Rule 16)
☐ Consolidation (Rule 17)
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PHASE 11: HEARING & RESOLUTION
☐ Conduct proceedings (Rule 14)
☐ Consider settlement → Consent Award (Rule 29)
☐ Obtain final award
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PHASE 12: ENFORCEMENT
☐ Enforce under Act 798
☐ Consider international enforcement (New York Convention)
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PRACTICE NOTE
⚠️ Critical Success Factors:
• Proper drafting of submission agreement
• Early court application
• Compliance with Rule 5 requirements
⚠️ Common Pitfalls:
• Delay in invoking arbitration
• Incomplete request for arbitration
• Failure to align court and arbitral processes
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END OF CHECKLIST
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⚖️ FINAL NOTE
These three documents collectively provide a complete procedural toolkit for:
Lawyers
In-house counsel
Arbitrators
to convert litigation into institutional arbitration under the Accra Arbitration Rules in full compliance with Act 798.