Dispute planning begins with clear drafting and reliable records. Define obligations, acceptance, notice, escalation and remedies so that operational disagreements can be resolved before they become formal disputes.

A tiered clause can require senior negotiation, optional mediation and then court or arbitration. Specify governing law, forum or arbitral seat, institution or rules, number of arbitrators, language, service, confidentiality and interim relief. Avoid an incomplete clause that says only that disputes “shall be arbitrated” without a workable process.

Ghanaian courts may be appropriate for local debt, property, employment, regulatory and urgent matters. Arbitration can be useful for cross-border commercial contracts, specialist disputes and enforceability across borders. The seat determines the procedural law and supervisory court; it is distinct from the hearing location and governing law.

Preserve contracts, variations, invoices, delivery records, notices, board approvals and electronic communications. Apply litigation hold procedures when a dispute is reasonably anticipated. Continue performing undisputed obligations where commercially and legally appropriate.

Consider enforcement at drafting stage. Identify counterparty assets, security, guarantees and the recognition route for a judgment or award. Investment disputes involving the state, Act 865 or a treaty require separate analysis from an ordinary commercial claim. Settlement authority should be documented, with tax, regulatory and confidentiality effects considered before execution.