My contract in Ghana has an arbitration clause—can I still sue in court if the other side refuses to pay?

Question

I signed a service agreement with a supplier and now there is a payment dispute. The contract says disputes must go to arbitration, but they are ignoring my demands and I want to go to court. Can I start a court case, or do I have to file for arbitration first?

A&amp; A Advocates and Solicitors · Accepted Answer

The arbitration clause does not oust the jurisdiction of the court. When a party (plaintiff) resorts to the court first on a matter that has an arbitration clause, and the other party (defendant), before filing his defence, applies to the court for a stay of proceedings and referral of the matter to arbitration, it is highly probable that the court will stay proceedings and refer the matter to arbitration.

My contract in Ghana has an arbitration clause—can I still sue in court if the other side refuses to pay?

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