Eskwai logo
Verify now as a student, judge or newly called lawyer for access to discounted plans.

Gulf Offshore Logistic v. Bluefone Marine GH.

2021

COURT OF APPEAL

GHANA

CORAM

  • WELBOURNE (MRS), J.A. (PRESIDING)
  • AMMA GAISIE (MRS), J.A.
  • BAAH, J.A.

Areas of Law

  • Alternative dispute resolution
  • Civil Procedure
  • Conflict of Laws

AI Generated Summary

Before the Ghana Court of Appeal, an award debtor sought a stay of execution pending appeal of a foreign arbitral award. The applicants counsel argued that the sole arbitrator for the underlying dispute lacked substantive jurisdiction and that the award creditor had not complied with Ghanaian statutory procedures when seeking leave to enforce. The applicant tried to distinguish the parties dispute-resolution frameworks, noting LMAA rules for a time charter and ICC Rules for an operational agreement, and raised concerns about reciprocity between Ghana and the UK. The award creditor opposed, pointing to Section 59(1)(b) of the ADR Act and Ghanas obligations under the New York Convention, as well as the parties deliberate choice of English law and lex arbitri remedies under the English Arbitration Act 1996, which the applicant had not used. Stressing hardship, the respondent noted that escrowed funds overwhelmingly belonged to them. The Court of Appeal found no exceptional circumstances and dismissed the stay application, awarding costs against the applicant.

RULING