DUTCH AFRICAN TRADING COMPANY BV (DATC) V. WEST AFRICAN-MILLS COMPANY LTD

JUDGEMENT 

AMMA A. GAISIE J.A:

This appeal is from a judgment of the High Court, Commercial Division dated 27th  March 2020 which dismissed the Appellant's application to enforce a foreign arbitral award delivered by the Federation of Cocoa Commerce (FCC) Tribunal on the 4th and 7th of September, 2015 in London, the United Kingdom.

Background:

On 10th January 2020, the Applicant/ Appellant (hereinafter 'the Appellant') filed an application on notice for leave to enforce an arbitral award of the Federation of Cocoa Commerce under the inherent jurisdiction of the court (pursuant to Sections 57 and 59 of the Alternative Dispute Resolution Act, 2020, (Act 798).

In the said application, Appellant states that it is a private limited liability company incorporated under the laws of Netherlands while the Respondent/Respondent 1s a limited liability company incorporated under the laws of Ghana.

The claim which was submitted to the FCC Tribunal was in relation to twelve (12) separate contracts betwe…