This will significantly increase both the size and importance of Ghana’s construction industry. In a global economy, large-scale projects will very often involve contracting parties from multiple geographic locations and legal jurisdictions, particularly as contractors, consultants and funders around the world are attracted by the growth prospects and opportunities which Ghana offers.2 Such projects will entail complex, often multi-layered, contractual arrangements. All of these factors serve to bring into focus the importance of a clear, modern and robust framework for the arbitration of construction disputes.

Internationally, the importance of arbitration as a means of resolving construction disputes has long been recognised. However, this has not always been the case in Ghana. Whilst it is difficult to assess the prevalence of arbitration in Ghana (given the limited availability of reliable statistics), data for the year 20083 suggest that the number of domestic arbitrations may have been as low as seven. This bears out the anecdotal view within Ghana that arbitration is not a favoured method of dispute resolution, and that there is a preference for “the authority of a court judgment”.4

This may, however, be set to change. The past decade has seen concerted efforts by the Ghanaian government and other groups to investigate and promote alternatives to the courts for the resolution of disputes, including arbitration. This has culminated in the comprehensive updating and revision of the law governing domestic and international arbitration in