Tieso Ghana Lts Vrs Euroget De-investa Sa [2019] GHASC 38 (24 July 2019)

Tieso Ghana Lts Vrs Euroget De-investa Sa [2019] GHASC 38 (24 July 2019)

The DAB process is not arbitration and its decision is not an arbitral award; the DAB decision is not final and binding because the defendant issued a valid notice of dissatisfaction within the stipulated period; the dispute must be referred to international arbitration as provided by the FIDIC Rules.

Citation
[2019] GHASC 38
Parties
Plaintiff/appellant/appellant: Tieso Ghana Limited; Defendant/respondent/respondent: Euroget De-Invest SA
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
24 July 2019
Procedural Posture
Civil Appeal / Final Appellate Judgment
Outcome
appeal dismissed
Legal Topics
Dispute Resolution Clauses, Enforcement of Adjudication Decisions, Arbitration Under FIDIC Rules
Source Language
English
Contract Law Arbitration Dispute Resolution Clauses Enforcement of Adjudication Decisions Arbitration Under FIDIC Rules

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Parties

Tieso Ghana Limited

Plaintiff/appellant/appellant

Euroget De-Invest SA

Defendant/respondent/respondent

Procedural Posture

Civil Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether the DAB process was an arbitration and its decision an arbitral award
  2. 2 Whether the decision of the DAB is final and binding between the parties
  3. 3 Whether the Court of Appeal erred in affirming the decision of the trial High Court to refer the dispute to international arbitration

Ratio Decidendi

The DAB process is not arbitration and its decision is not an arbitral award; the DAB decision is not final and binding because the defendant issued a valid notice of dissatisfaction within the stipulated period; the dispute must be referred to international arbitration as provided by the FIDIC Rules.

Court Disposition

appeal dismissed

Orders

  • Dispute referred to international arbitration under FIDIC Rules