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THE DUTCH AFRICAN TRADING COMPANY BV v. THE WEST AFRICAN MILLS COMPANY LTD

2016

HIGH COURT

GHANA

CORAM

  • SAMUEL K. A. ASIEDU

Areas of Law

  • Alternative dispute resolution
  • Civil Procedure

AI Generated Summary

The applicant, a private limited company from The Netherlands, sought leave to enforce a GBP 2,048,770 arbitral award from the Federation of Cocoa Commerce, London, against the West African Mills Company Limited. The court dismissed the application, finding that it lacked inherent jurisdiction to enforce foreign arbitral awards and the applicant failed to meet the mandatory requirements under the Alternative Dispute Resolution Act, 2010 (Act 798), including the production of the arbitration agreement. The court emphasized the necessity of compliance with statutory requirements for the enforcement of foreign arbitral awards, underscoring that such compliance is not a mere procedural formality but a condition precedent.

JUDGMENT