Ghana's Legal Framework for the Constitutional and Statutory Application of Arbitration

Abstract

The legal framework in Ghana comprises a range of legislations that establish the fundamental principle of addressing specific concerns through arbitration. The compulsory nature of this arbitration system significantly diverges from the consent-based arbitration framework. This Article provides an analysis of the legislative framework that governs statutory arbitration in Ghana and argues that it is crucial to thoroughly comprehend statutory arbitration as a mechanism within administrative law. Unlike contractual arbitration, which relies on the parties' consent, statutory arbitration receives its authority from legislation. The present study examines the historical origins of statutory arbitration, create an extensive inventory of legislation with provisions for statutory arbitration, and assess the underlying rationales for the adoption of statutory arbitration. The study further examines the issue of consent in statutory arbitration, investigates the procedural aspects of statutory arbitration, and assesses the legitimacy of this specific form of arbitration. The article argues that the notion of statutory arbitration and the provisions found within specific legislations that establish statutory arbitration do not infringe upon constitutional norms. The study concludes that considering the solid legal foundation upon which statutory arbitration is based, the Ghanaian government should contemplate expanding the areas where statutory arbitration can be utilized as a feasible alternative to litigation.