STROJEXPORT v. EDWARD NASSAR & CO. (MOTORS) LTD. [1965] GLR 591
29 September 1965 · HAYFRON-BENJAMIN J · ≈ 3 min read
[1965] SLR (HC) 43Other citation styles and permanent link
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DIVISION: HIGH COURT, ACCRA
DATE: 29 SEPTEMBER 1965
BEFORE: HAYFRON-BENJAMIN J.
NATURE OF PROCEEDINGS
APPLICATION for an order enforcing arbitration awards made by the Arbitration Court of the Chamber of Commerce of Czechoslovakia in Prague against the respondents. The facts are set out in the ruling.
COUNSEL
K. Narayan for the applicants.
Dr. de Graft-Johnson for the respondents.
[p.592] of [1965] GLR 591
JUDGMENT OF HAYFRON-BENJAMIN J.
This is an application by the applicants herein for an order enforcing an arbitration award dated 13 March
1962 by the Arbitration Court of the Chamber of Commerce of Czechoslovakia in Prague. The award was made in favour of the applicants against the respondents in the sum of £G3,159 10s. plus interest on the said amount at the rate of six per cent per annum as from 9 January 1961 to date of payment plus costs of
£G99 4s. 2d. There was a second award by the same Arbitration Court in favour of the applicants against the respondents in the sum of £G6,725 12s. 1d. plus interest at the rate of six per cent per annum plus £G223 4s. 4d. costs.
The major point for decision is whether these awards are enforceable in Ghana. Section 36 of the
Arbitration Act, 1961,1 dealing with foreign awards provides:
“(1) This Part applies to any award made after the commencement of this Act in any reciprocating State, and to any award made in the Republic in pursuance of an arbitration agreement not governed by the law of the Republic, and an award to which this Part applies is in this Part referred to as `a foreign award’.
(2) In this section `reciprocating State’ means a State declared by the President by legislative instrument to be a party to the Convention set out in the Schedule to this Act or any other State to which this Part is, by legislative instrument, applied by the President on the basis of reciprocity.”
The Arbitration Act was to come into operation on such day as the President might order by legislative instrument. It did come into effect on 7 October 1961 by the Arbitration Act 1961 (Commencement)
Order.2 Czechoslovakia had not at that time been declared a reciprocating State. She became one by the
Arbitration (Foreign Awards) Instrument, 1963.3
The question therefore that arises for decision is whether, these awards having been made in
Czechoslovakia at a time when she was not a reciprocating State are enforceable in Ghana. Both awards were made after the commencement of the Arbitration Act, 1961. I am of the opinion that the Arbitration
Act merely provides machinery for the enforcement of awards made after its commencement. In other words, once it is established that an award was made after the commencement of the Act, it is enforceable in Ghana if at the time of the application to enforce it the State in which it was made has in fact become a reciprocating State. It is immaterial
[p.593] of [1965] GLR 591 whether at the time the award was made the State in which it was made was or was not able to enforce it.
I therefore grant the application, and order that the applicants be at liberty to enforce the awards. I award costs to the applicants which I assess at 500 guineas inclusive of 350 guineas for counsel.
DECISION
Application granted.
S. K. D.-B.
