Results for "Chartered Institute of Arbitrators"
29 results.
Opinion
An Exposé on Alternative Dispute Resolution in Ghana – The Ghana Arbitration Centre in Focus
Lauraine Mercy Ewurama Ghartey
Opinion
Ghana: The Ideal Member to Host the Proposed UNCITRAL Advisory Centre on International Investment Dispute Settlement (Investor-State Dispute Settlement)
Prince Kojo Tabiri and Godwin Selasi Owusu
Opinion
ADR for ‘Galamsey’: A curious proposition?
This article gives an overview and explores the use of ADR in settling disputes. In particular, the article discusses the suggestion that has been made recently, proposing the use of ADR to handle ‘galamsey’ cases.
Francisca Serwaa Boateng
Opinion
GTEC's Authority to Regulate Academic Titles: A Legal Necessity, Not an Overreach
GTEC’s enforcement of regulations on academic titles is a legally sanctioned effort to uphold academic integrity and protect public trust, not a political overreach. The directive aligns with national laws and mirrors practices in other reg...
Dennislaw
Opinion
Beyond Rhetoric: Advancing Economic, Social, and Cultural Rights Protection in Ghana: A Case Study of Child Rights International v. The Attorney-General and Its Implications
This article examines the Supreme Court of Ghana's decision in Child Rights International v. Attorney-General, focusing on its implications for enforcing Economic, Social, and Cultural Rights (ESCRs). The paper explores the importance of st...
Kenneth Atsu Dogbey & Martin Waana-Ang
Opinion
Revisiting the Right to Counsel in Light of the Introduction of Plea Bargaining in Ghana
This paper seeks to discuss the general right to counsel, its current application in Ghana, and how the right is central to the effective administration of plea bargaining.
E. K. Bidzakin
Opinion
Essential things to know about Separability of arbitration agreement
The author examines the notion of separability of arbitration agreement within the realm of contracts, bringing further clarity to the doctrine and advocating for the rejection of this antiquated and impractical idea
Michael Sumaila
Opinion
From Runway To Red Flag: Probing the Cocaine and Cash Allegations at Kotoka International Airport
This article examines the drug and cash trafficking allegations at Kotoka International Airport involving AirMed and Cavok flights, based on disclosures by whistleblower Ntim Fordjour. It proposes a detailed, forensic-led investigation cove...
Ebo Dantse
Opinion
‘Robo-Justice’: A Critical Examination of Artificial Intelligence (AI) Adoption in Ghana’s Legal System
The article explores how AI is reshaping Ghana's legal system, emphasizing both its efficiency benefits and the ethical and procedural risks it poses. It concludes that while AI can aid legal processes, it cannot replace human judgment, and...
Elizabeth Asantewaa Ofori and Goodnuff Appiah Larbi
Opinion
Power to Alienate & Capacity to Litigate: When the Rule Swallowed the Exceptions
In this article, the author examines the exceptions to the principle that the power to alienate property is linked with the capacity to litigate. By exploring various legal cases and statutory provisions, the author demonstrates that these...
Justice Alexander Osei Tutu
Opinion
“Agent For Plaintiff”: A Fatal Misnomer; Why Ghanaian Lawyers Are Unwittingly Forfeiting Their Protections Through the Misdescription of Counsel in Ghanaian Civil Procedure: An Analysis of the Doctrine of Solicitor-Solicitor Agency vs. Lawyer-Client Reality
The article argues that endorsing a writ with “Agent for Plaintiff” wrongly treats the lawyer-client relationship as an agency relationship, whereas Order 2 rule 5(1)(b) of C.I. 47 concerns one lawyer acting as agent for another lawyer. It...
Sedinam Awo Kwadam and Kwadwo Owusu-Ansah
Opinion
The Moral Nuances of Adverse Possession in Ghana
This article explores the complex moral, legal, religious, and philosophical debates surrounding adverse possession, emphasizing its declining social approval and relevance in Ghana’s modern property system. It calls for reform or abolition...
Justice Alexander Osei Tutu
Opinion
Conviction and Sentence in Absentia; Effective Date Of Sentence, Settling The Uncertainty; The Case Of Sedina Tamakloe-Attionu, Former Masloc CEO
The article examines whether a sentence imposed in absentia begins from the date it is pronounced or from when the convicted person is brought into custody. Using the Sedina Tamakloe-Attionu case, the author argues that a purposive reading...
Frederick Gurah Sampson
Opinion
Presumption of Innocence Undermined: How Ghana’s 2018 Criminal Disclosure Regime Violates The Rights To Silence And Innocence; A Case For A Two-Phased Case Management Regime in Criminal Trials
This article argues that Ghana’s 2018 Criminal Disclosure and Case Management Practice Directions, though aimed at efficiency, fundamentally undermine the presumption of innocence and the right to silence by compelling premature defence dis...
Sedinam Awo Kwadam
Opinion
Roses are Red, The Statute is Stale: The Obscenity Debate and Legal Limbo of Sex Toys in Ghana
This article critiques Ghana’s outdated obscenity law under Section 281(1) of Act 29, arguing that its vague criminalization of "obscene objects" unconstitutionally endangers personal rights. It proposes legislative reform to exclude sexual...
Sedinam Awo Kwadam
Opinion
Law and Society: Are We Playing Ostrich with the Current Realities of the Family System and Confusion Associated with Funerals in Ghanaian Communities?
This article critiques the dissonance between Ghana's evolving nuclear family dynamics and outdated customary laws governing funerals and inheritance. It advocates for legislative reform to grant nuclear families legal authority over burial...
Afia Serwah Asare-Botwe
Opinion
My Lord! To be or not to be? [Part 1]
This article examines the process of becoming a judge in Ghana, outlining the recruitment procedures, conditions of service, postings, transfers, leadership expectations, and the exclusivity of judicial roles. It provides insights into the...
Bertha A. Aniagyei
Opinion
Deep Cracks in the Patent System as Revealed by Covid-19 Vaccine Manufacture
The article explores flaws in the patent system exposed by COVID-19 vaccine manufacturing, particularly the insufficiency of disclosure requirements. It argues that despite the legal obligation for patentees to disclose inventions, third-pa...
Prince Nketia