By Eugene Davis
A retired Justice of the Supreme Court of Ghana and distinguished arbitrator, Justice Nene Amegatcher (Rtd), has called for a critical review of Ghana’s arbitration framework to determine whether it remains fit for purpose in the face of evolving commercial realities and international best practices.
Speaking as the keynote guest at the maiden edition of the Arbitration Pitch – Disputes Convocation (Young Professionals Edition) held on 18th December 2025, Justice Amegatcher acknowledged the progress Ghana has made in developing a modern arbitration regime but cautioned that the work is far from complete.
“Ghana has made commendable strides in building a modern arbitration framework. Yet, this journey remains unfinished,” he said. “There must be continuous reflection on whether our current legal framework remains adequate or requires thoughtful amendment to respond to emerging commercial realities and global standards.”
The event, themed “Arbitration as a Launch Pad: Equipping Young Professionals for the Future of Dispute Resolution,” brought together arbitration practitioners, students, academics, and industry players to discuss the growing role of arbitration and alternative dispute resolution (ADR) in Ghana.
Justice Amegatcher noted that arbitration, once viewed as a secondary option, has matured into a respected dispute resolution mechanism that complements the judicial system rather than competes with it. Drawing from his years on the bench, he highlighted arbitration’s ability to reduce pressure on the courts, speed up dispute resolution, and preserve commercial relationships often strained by litigation.
“ADR is more than a process; it is a philosophy,” he observed. “It values collaboration, pragmatism, and the expertise of those involved.”
Addressing young practitioners, the retired Justice urged them to uphold integrity, diligence, impartiality, and adaptability, stressing that credibility is the foundation of trust in arbitration. He also encouraged mentorship and lifelong learning, noting that the strength of Ghana’s ADR ecosystem depends on shared knowledge and professional solidarity.
The Special Guest at the event, Professor Richard Frimpong Oppong, underscored the importance of mastering substantive law as a core competence for arbitration practitioners. He encouraged young professionals to pursue recognised arbitration certifications in Ghana and abroad and to thoroughly understand applicable rules, including the Alternative Dispute Resolution Act, 2010 (Act 798).
According to Prof. Oppong, procedural expertise alone is insufficient without a strong grounding in substantive law, which defines parties’ rights, liabilities, and available remedies. “Without mastery of substantive law, even the most elegant procedural strategy rests on fragile foundations,” he noted.
He explained that deep substantive knowledge enables practitioners to frame sound claims and defences, assess evidence effectively, and support legally sound and enforceable decisions—ultimately enhancing the credibility and legitimacy of arbitration.
Explaining the rationale behind the event, the Convener of the Disputes Convocation, Lauraine Darkwah, said the programme was designed to create a learning and networking platform for young arbitration practitioners. She expressed confidence that the initiative would endure and contribute meaningfully to the growth of Ghana’s arbitration community.
She also highlighted the broader relevance of ADR, noting that arbitration often works alongside negotiation and mediation, offering flexible pathways to dispute resolution without the necessity of protracted court battles.
A highlight of the event was the announcement of a citation in honour of Nana Dr. Samuel Kwadwo Boahen Asante, recognising his intellectual vision and pioneering role as the “Father of Modern Arbitration in Ghana.”
The citation described Nana Dr. S.K.B. Asante as a towering figure whose life’s work has profoundly shaped arbitration in Ghana and beyond. As co-founder of the Ghana Arbitration Centre, his contributions have been instrumental in strengthening the country’s dispute resolution architecture and influencing modern commercial and investment arbitration practice.
Justice Amegatcher
