DR KWABENA DUFFOUR & 15 ORS vs NII ANANOR DODOO & ANOR

The Claimants/Applicants herein (referred to hereafter as“Applicants”) seek an order determining the jurisdiction of the arbitrator in accordance with section 26 of the Alternative Dispute Resolution Act, 2010 (Act 798) for the following reasons:

a. The honourable Arbitral Tribunal erred when it ruled that without the consent of the parties the high court presided over by Her Ladyship Justice Jennifer Dadzie did not have jurisdiction to refer to arbitration a dispute which is mandated by the relevant provisions of the Banks and Specialised Deposit Taking Institution Act 2016 (Act 930).

b. That the Honourable Arbitral Tribunal erred when it ruled that all the parties to the High Court case before Jennifer Dadzie J and who did not give their consent to participate in the arbitration were not bound by the said order but are bound to pay the fees of the arbitral tribunal and incidental costs which the Claimants felt compelled to source for funds to pay.

c. That the ruling if allowed to stand would encourage defiance of lawful orders of the court and generate chaos in the administration of justice.

d. That the decision if allowed to stand would lead to substantial failure of justice because it is inconceivable for an entity behaving unlawfully to readily give consent to be called to order.

e. That even if the High Court had no jurisdiction to appoint Professor Date-Bah as an arbitrator, which is denied, the participation on the proceedings by the Attorney General and the Claimants constituted an opportunity for the Arbitral Tribunal to, in the alternative, afford the parties the opportunity to affirm Professor Date-Bah’s appointment or agree on a common arbitrator and not for the tribunal to abate the proceedings.

f. These errors have cumulatively caused the Claimants substantial miscarriage of justice and likelihood of failure of justice and therefore same ought to be reconsidered by this Honourable Court by declaring that the Arbitral Tribunal had jurisdiction to determine the matters referred to it in accordance with law and the lawful orders of the Court.

The genesis of this application stems from the ruling of this court in the case of Nii Amanor Dodoo v Dr Kwabena Duffour & 15 Ors (Suit No. CM/RPC/0624/2018, Delivered on May 17, 2019). In delivering the ruling, this honourable court had preserved certain claims of the Defendants which, in the eyes and right estimate of this court, ought to lie before an arbitral tribunal pursuant to section 141 of