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FAQs
Will Ghanaian courts recognize CIMA arbitral awards?
Yes. Awards made under CIMA rules are enforceable under Section 52 of Act 798, just like court judgments.
Can I be listed as a CIMA arbitrator or mediator?
Yes. Lawyers and ADR practitioners trained and certified by CIMA may apply to join its professional panel, subject to qualification criteria and ethical standards.
Can I recommend CIMA Rules for cross-border contracts?
Yes. CIMA is suitable for both domestic and international disputes. Its rules align with UNCITRAL standards and Ghana’s ADR Act (Act 798), ensuring global recognition and enforceability.
What types of disputes can be resolved under CIMA Rules?
CIMA Rules can be used for a wide range of disputes—commercial, construction, employment, maritime, oil & gas, intellectual property, family, and investment matters—both domestic and international.
How do I insert a CIMA clause in a contract?
Simply include a model mediation or arbitration clause provided by CIMA in your contract. You may customize the seat, language, and number of arbitrators while keeping the core reference to “CIMA Rules.”
What are the advantages of using CIMA over ad hoc arbitration?
CIMA provides administrative support, procedural guidance, professional oversight, and quality assurance. This ensures fairness, consistency, and enforceability—advantages not guaranteed in ad hoc processes.
How are mediators and arbitrators appointed under CIMA?
Parties may agree on the neutral, but if they cannot, CIMA appoints a qualified mediator or arbitrator from its accredited panel in accordance with its appointment procedures and neutrality standards.
Can CIMA assist in drafting or reviewing dispute resolution clauses?
Yes. CIMA offers clause review and drafting support to lawyers and businesses, ensuring that dispute resolution provisions are valid, enforceable, and suited to the transaction type.
What support does CIMA provide during proceedings?
CIMA offers case administration, scheduling assistance, room facilities, procedural monitoring, and secretarial support to ensure proceedings are efficient and compliant with its rules.
How can ADR professionals build their profile with CIMA?
By completing CIMA-accredited training, maintaining ethical practice, and participating in CIMA workshops and panels. Active engagement enhances professional credibility and visibility within Ghana’s ADR ecosystem.
Is there a fee structure for mediation and arbitration at CIMA?
Yes. CIMA provides a transparent schedule of fees based on the nature of the dispute, claim value, and type of ADR service. Parties can request an estimate in advance or refer to the published fee guide on CIMA’s website.
Can a sole arbitrator be appointed under the CIMA Rules?
Yes. Parties may agree to appoint a sole arbitrator, especially in cases where the value of the dispute is modest or where a quicker, more cost-effective process is desired.
Are CIMA mediations confidential?
Absolutely. Confidentiality is a core principle of CIMA’s Mediation Rules. All discussions, documents, and outcomes are private and cannot be used in subsequent proceedings without express consent.
Does CIMA offer online or virtual hearings?
Yes. CIMA supports remote mediation and arbitration via secure video conferencing platforms, making it accessible for parties across Ghana and internationally.
Can CIMA arbitral awards be challenged or appealed?
CIMA awards are final and binding, but may be challenged in court under limited grounds set out in Section 58 of the ADR Act, 2010 (Act 798)—such as fraud, misconduct, or lack of jurisdictio
Can a non-lawyer serve as a mediator or arbitrator under CIMA?
Yes. While many CIMA neutrals are lawyers, non-lawyers with subject-matter expertise and ADR training may also be appointed, especially in technical or industry-specific disputes.
What language(s) can be used in CIMA proceedings?
The default language is English, but parties may agree to conduct proceedings in any other Ghanaian or international language, subject to interpreter availability.
What happens if one party refuses to participate in mediation or arbitration?
If a party refuses to mediate, the process ends. If they refuse to arbitrate despite a binding clause, CIMA may proceed with the appointment of an arbitrator, and the award may be enforced despite their absence (ex parte).
Does CIMA provide training or certification in ADR?
Yes. CIMA offers professional training in mediation and arbitration, including international certification courses, practical workshops, and continuing professional development (CPD) programs. CIMA is an accredited CPD Provider and also an Official Training Partner for international arbitral events around the world.
Can public institutions or state-owned enterprises use CIMA clauses?
Yes. Government agencies and SOEs can adopt CIMA clauses in contracts, especially in PPPs, procurement, infrastructure, and commercial agreements, subject to procurement and legal compliance.
