• December 13, 2018

    Ghana Sports Monograph

    Ghana by Bobby Banson Kwame Appiah Oduro AINTOINETTE WINNIE ESSILFIE JEDIDIAH Y WILLIAMS AMA ASARE KORANG ADWOA E. O. PAINTSIL & This monograph is up-to-date as of Month and year 2018 Authors The Authors The Authors Bobby Banson Esq, MCIArb Bobby Banson has been described as a very dynamic and result oriented legal practitioner. Having learnt his trade from well-established Practitioners from Bentsi Enchil,Lesta & Ankomah (Accra), Dadson & Associates (Kumasi) and Minkah-Premo & Co (Accra), he has gained experiences in wide areas of legal practice including Corporate, Investment, Real Estate, Sports and Dispute Resolution. A product of Adisadel College, Mr. Banson furthered had his education at the Kwame Nkrumah University of Science and Technology for his LLB before proceeding to the Ghana School of Law in Accra for his BL where he graduated as the best student in the law of Taxation. He is the Founding Partner of Robert Smith & Adelaide Law, which is a boutique law firm located in Central Business District of Accra, Ghana. He heads the firm’s practice areas focusing on Alternative Dispute Resolution, Investment Advice and Corporate Governance. He has provided legal services to several multinational Companies doing business across the sub region. He has extensively written in the field of commercial law and litigation. Kwame Appiah Oduro Kwame Appiah Oduro attended Mfantsipim school, Mr. Oduro then proceeded to study Political Science and Economics at the University of Ghana Legon, after completion moved into the area of entrepreneurship to set up a company. After some years, He decided to go ahead and pursue his long awaited dream of becoming a legal practitioner and as such enrolled in the University of London Laws Degree programme where he obtained his LLB. He has had the opportunity to serve on the Parliamentary Select Committee on Local Government as well as the Parliamentary Adhoc Committee that was setup to investigate the outcome of the district assembly elections. Kwame has interest in Commercial Transactions, Commercial Litigation as well as Ghanaian Sports law and has done various researches in these areas. He is currently working with Smith & Adelaide law a well established and renowned law firm in Ghana. Aintoinette Winnie Essilfie, Esq Antoinette is currently an associate at Smith & Adelaide Law, a boutique Law firm in Ghana where she specializes in dispute resolution, Corporate and Commercial law. She previously worked with N.Dowuona & Company where she gained vast experience in areas of Corporate and Commercial Transactions. She has been involved in the incorporation and liquidation of various domestic and international companies and has advised on several legal issues ranging from corporate and commercial law, conflict of laws and energy matters in Ghana. She has an LL.B from the Kwame Nkrumah University of Science and Technology where she was selected as a representative for the University in the All African Moot Court Competition in 2013, South Africa. She was called to the Bar in Ghana in 2016 and has a certificate from the Leitner Centre in Fordham University on Human Rights during their summer course in Ghana in 2014. She has a keen interest in the research on Laws […]

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  • October 3, 2018

    THE NEW AGE OF CORPORATE GOVERNANCE IN GHANA: A STEP BEYOND MERE COMPLIANCE WITH STATUTORY PROVISIONS • By Bobby Banson, ESq ACIArb

    INTRODUCTION Everyday, new Companies are registered at the Registrar General’s Department of Ghana. Statics available at the time of writing this paper revealed that as at date, over One million companies have been issued with Certificates to Commence Business by the Registrar General’s Department. The reason for the popularity in the registration of Companies cannot be far-fetched. For many persons, registering a Company is a step to achieving a life-long dream. For many a person, a company serves as the only vehicle for achieving his or vision in life and provides an avenue for leaving a legacy. Under Ghanaian law, A Company could be registered as a limited liability Company, an unlimited Company or a Company Limited by Guarantee. A company registered as any of the above, could also be a Public Company which may be listed on the Ghana Stock Exchange or a Private Company with a limited membership of up to 50[2]. A company is defined by the Black Laws Dictionary as a “A society or association of persons, in considerable number, interested in a common object, and uniting themselves for the prosecution of some commercial or industrial undertaking, or other legitimate business”. [1] The Author is the lead Consultant of Smith & Adelaide Law, Labone-Accra, a Boutique Law firm specialized in of Corporate Governance Consulting. [2] Section 9 of the Companies Code, 1963, Act 179   Generally, Companies are required to have its Owners (Shareholders or Members) and its Directors. Most Companies also have a third tier structure which is referred to as the Management of the Company. Research has shown that for a Company to thrive and perform effectively, there must be a “proper” and “regulated” relationship between its Members, Directors and Management. These arms of the Company are the stakeholders of the Company and the relationship between them must be properly governed. Corporate Governance is therefore the regulation of the relationship between the various stakeholders of the Company. Corporate Governance focuses on how the relationship between these stakeholders will be managed and harnessed to promote the best interest of the Company at large[1]. The aim of this paper, is to discuss the modern trends in Corporate Governance worldwide and how some of these emerging trends can be adopted in Ghana to make our corporate Governance Regime more effective and efficient.   BREAKING THE MYTH What Corporate Governance is not! The Term Corporate Governance is not new in Ghana. In fact, it is a very popular term among Managers and Directors. The term however, is often used in a very limited context. Corporate Governance, from the survey conducted by the author, is a term that is used in Ghana to refer to the level of compliance with statutory prescriptions by a Company. In other words, a lot of Directors and Management Staff use the term to refer to the ability [3] The Cadbury Report of Corporate Governance, 1992.   of the Company to meet all Statutory Requirements such as Filing of Annual Returns, paying permits and licensing fees etc. This wrong perception, unfortunately is supported by most of the statutory provisions which relate to the incorporation of Companies and the regulations of Companies […]

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  • September 28, 2018

    ENFORCEMENT OF ARBITRAL AWARDS ARISING FROM INTERNATIONAL TREATY AGREEMENTS

    1. INTRODUCTION 1.1 What this paper is About The topic requires a discussion on how Arbitral Awards can be enforced. It is trite that Arbitration Clauses could be included in contracts between non-State entities and also in treaties executed between States. This paper is however only focused on the enforcement of arbitral awards arising from arbitration which is occasioned by an International Investment Treaty (IIT). An IIT could be Bilateral or Multilateral. 1.2 Brief Historical Account of Arbitration The earliest mention of arbitration as a means of settling international disputes dates back from the early fourteenth century. Pierre Dubois, a French publicist, wrote a pamphlet for the recovery of Holy Lands in which he advocated that arbitration was essential to the success of each Crusade. Since then the World has made significant progress on international arbitration as evinced by the establishment of the Permanent Court of Arbitration in 1899, the International Court of Arbitration after World War I in 1923 and the International Centre for Settlement of Investment Disputes (ICSID) in 1966. 2. ENFORCEMENT OF ARBITRAL AWARDS ARISING FROM IITs. 2.1 Recognition and Enforcement 1 De Recuperatione Terre Sancte: traité de politique Générale, published 1981 by Paris A. Picard 2 https://icsid.worldbank.org/en/Pages/about/default.aspx visited on 3rd September 2018 These two words are often used together when it comes to this subject. Foreign Arbitral Awards must first be recognised by a Country, before same can be enforced in that Country. An Award-Creditor, may choose to only seek the recognition of the award without seeking to enforce same. Indeed, some awards may be merely declaratory in nature with no executable/enforceable orders. An Award Creditor who is merely seeking to have the award recognised, without proceeding to enforce same, may choose this path as a means of using the award as a Shield against any attempt by the Award Debtor (or related party) to re-litigate the matter before domestic courts. Where an Award Creditor however proceeds to enforce an award, that Award Creditor is deemed to have taken steps not only to have the award recognised but also to execute the award by using the procedures of the domestic court to attach the assets of the Award Debtor and liquidate same in satisfaction of the Award debt. That way, the Award becomes a sword in the hands of the Award Creditor. An Award cannot be enforced in a Country unless the Country has first recognised same. However, an application can be made to have an award recognised without necessarily steps being taken to have same enforced. Again, where a Party voluntarily submits to an Award by obliging the orders contained in the award and making payments of the amounts awarded in favor of the Award Creditor, there will be no need for an Award to be enforced through the court system. 2.2 Regimes for Recognition and Enforcement of Arbitral Awards There are two main legal regimes which regulate the recognition and enforcement of international arbitral awards. Enforcement could be done under the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards or under the International Center for Settlement of Investment Disputes (ICSID) […]

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