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Arbitration agreements in Ghana case law.

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Version of institutional rules that governs an arbitration

Counsel for the Applicant submits, and we agree that, where arbitration rules are varied or amended, the courts interpret the reference to institutional rules as those in force at the time of the commencement of the arbitration unless there is specifically an express provision in the contract specifying otherwise. In this case before us, at the time the dispute arose and the applicant filed and referred the matter to the LCIA, the relevant rules in force were LCIA Rules 2020 which rules had revised and replaced the 2014 version of the rules. The LCIA Rules 2014 were not in force as at the date of the dispute, it could not have been the parties’ intention that their dispute will be settled by the defunct 2014 rules. Any such reliance would have required the express agreement of the parties which was completely absent in this agreement.

STENA UNICON OFFSHORE GHANA LIMITED RESPONDENT VRS 1. SPRINGFIELD EXPLORATION AND PRODUCTION LIMITED CIVIL APPEAL NO: J4/50/2025 [2026] SLR (SC) 10 · Supreme Court · 2026 · GAEWU JSC

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