A review of the legislative reform of customary arbitration in Ghana. Issue 4 (2nd October 2019)

• Record Type: Journal Article
• Authors: Koblavie, Bakhita Mawuli; Nyinevi, Christopher Yaw
• Is Part Of: Commonwealth law bulletin. Volume 45:Issue 4(2019)
• Page Start: 587
• Page End: 607
• Publication Date: 2019-10-02
• Subjects: Law -- Commonwealth countries -- Periodicals; 349.11241
• DOI: 10.1080/03050718.2020.1747511
• Languages: English
• ISSNs: 0305-0718

Abstract

Abstract : Due to the phenomenon of legal pluralism that colonial rule left in its wake, customary arbitration is still a method of dispute resolution in Ghana despite the formal judicial system. But until 2010, customary arbitration practice was regulated only by case law. To put it on a firmer legal foundation and streamline its practice and procedures, the Alternative Dispute Resolution Act 2010 codified customary arbitration as an ADR method. In this article, we examine the legislative reform of customary arbitration in Ghana and assess the extent to which the ADR Act has improved it.