STM Article Repository

Jurisdiction, defined as the legal capacity of a judicial body to adjudicate a matter, is crucial. Even the most solid of cases may be rendered a nullity if presented before a forum lacking the appropriate jurisdiction. In the Republic of Ghana, the adoption of arbitration as an alternative to the traditional dispute resolution mechanisms hinges on various types of jurisdiction: personal, subject matter, or forum-based; as well as on the arbitrability of the matter and competence of the tribunal. Locus standi forms the foundation for both disputing parties and the tribunal in processing, adjudicating, and issuing valid and enforceable arbitral awards. Such awards must be recognisable and enforceable by a competent national court, specifically the high court in Ghana’s context.