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BCM GHANA LTD V. ASHANTI GOLDFIELDS LTD

(2006) JELR 68371 (SC)

Supreme Court  •  CIVIL APPEAL NO.J4/17/2005  •  24 May 2006  •  Ghana

Coram
ATUGUBA J.S.C. (PRESIDING), MRS. WOOD J.S.C., DR. TWUM J.S.C., ANINAKWAH J.S.C., MRS. ADINYIRA J.S.C.

Judgement

JUDGMENT

ATUGUBA, J.S.C.

By an agreement dated 25th July 1997 the Appellant was engaged by the Respondent to carry out mining operations at the Respondent's mine. The contract provided for adjustments in the payment of contract works proportionate to changes in the cost of operations of the appellant. This arrangement is termed "Rise-and-Fall". The contract also provided a system of dispute resolution, the relevant parts of which are as follows:

"3.25 ARBITRATION
3.25.1 Dispute If any difference or dispute arises between the Parties in relation to or in connection with this Agreement or its construction or in relation to or in connection with the Works or the performance thereof, either party may by notice in writing to the other Party call for the point or points at issue to be formally resolved by the Parties. Both Parties shall, as soon as reasonably practical submit in writing to the other Party details clearly specifying the nature of such question, difference or dispute and call for…

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