MEDIA GENERAL GHANA LIMITED v. WIN CONCORD INTERNATIONAL LIMITED FZE

Applicant per the application dated 14th October 2024 prays for the following reliefs:

i. A declaration that the Respondent failed to conform to the procedure agreed by the parties for the resolution of disputes arising out or in connection with the Transmitting Site Supply and Installment Agreement between the parties dated 19th April, 2012 ("the Agreement").

ii. A declaration that the final award made by the sole arbitrator dated ?111 August 2023 and the addendum to the final award dated 24th August 2023 at the Hong Kong International Arbitration Centre (HKIAC) pursuant to a Notice of Arbitration by the Respondent were induced by fraud.

iii. An order setting aside the final award made by the sole arbitrator dated 7th August 2023 and the addendum to the final award dated 24th August 2023 on grounds that the Respondent failed to conform to the procedure agreed by the parties for the resolution of disputes.

In the affidavit in support of the application, it was deposed on behalf of Applicant that, the parties entered into an agreement on 19-th April, 2012 described as Transmitting Site Installment Agreement for the installation of transmitting sites at a total consideration of One Million, Two Hundred and Thirty-Five Thousand, Nine Hundred and Seventy-Three United States Dollars and Forty-Nine Cents (USDl,235,973.49). The dispute resolution clause in the agreement provided that:

The agreement shall be interpreted and governed by England Law. All disputes arising from the execution of, or in connection with this Agreement, shall be settled amicably through friendly negotiation. In case no settlement can be reached through negotiation within 30 days, the case shall then be submitted to Hong Kong International Arbitration Centre.

Applicant contends that, per the dispute resolution clause, it is only upon failure of an attempt by the parties to settle a dispute amicably through friendly negotiations within 30 days that the dispute will then be ripe for submission or reference to arbitration.

According to the Applicant, on 11th August 2015 a company by name Star Times Communication Network Technology Group (hereinafter referred to as Star Times) which is a separate and distinct entity from the Respondent and which was not privy to the Agreement sent a demand letter requesting payment of the outstanding amount under the Agreement. A subsequent letter was also submitted to the Applicant by this same enti