Dispute Resolution

Nnarksup Company Limited

• Effective Date: 01/08/2026
• Jurisdiction: Republic of Ghana
• Applicable to: All Users, Providers, and Platform Participants

1. Definitions & Scope

1.1 Definitions

• "Dispute" means any controversy, claim, or disagreement arising out of or relating to:
  • This Agreement or any Platform services
  • Project Agreements between Users and Providers
  • Payment disputes, Milestone verification disputes
  • Alleged breach of obligations by any Party
  • Termination or suspension of Accounts
  • Intellectual property claims
  • Data protection violations
  • Any other matter connected to the Platform
  • "Party" / "Parties" means the individuals or entities involved in a Dispute, which may include:
  • User (Client) vs. Provider
  • User vs. Nnarksup
  • Provider vs. Nnarksup
  • Multiple parties in complex disputes
• "Business Day" means Monday through Friday, excluding Ghanaian public holidays, from 9:00 AM to 5:00 PM GMT.
• "Mediation" means a voluntary, non-binding process where a neutral third party facilitates negotiation between disputing Parties.
• "Arbitration" means a binding dispute resolution process where a neutral arbitrator makes a final, enforceable decision.
• "Emergency Relief" means urgent court intervention required to prevent imminent, irreparable harm (e.g., injunctions to prevent fund dissipation, IP infringement).

1.2 Scope of Application

1.2.1 This Dispute Resolution Framework applies to ALL disputes arising from or related to:

• User Agreement
• Provider Agreement
• Project-specific agreements executed through the Platform
• Privacy Policy, Terms of Service, and all Platform policies

1.2.2 This Framework does NOT apply to:

• Criminal matters (referred to law enforcement)
• Regulatory enforcement actions (handled by regulatory authorities)
• Bankruptcy/insolvency proceedings (handled by courts with jurisdiction)

1.2.3 Parties irrevocably agree that this Framework is the exclusive method for resolving Disputes (except as provided in Article 7 - Emergency Relief).

2. Guiding Principles

2.1 Good Faith Obligation

2.1.1 All Parties agree to engage in dispute resolution in good faith, meaning:

• Honest and truthful communications
• Reasonable efforts to resolve disputes amicably
• Avoidance of vexatious, frivolous, or harassing claims
• Timely participation in all stages of the process
• Compliance with procedural timelines

2.1.2 Bad faith conduct may result in:

• Cost sanctions (offending Party pays other Party's costs)
• Adverse inferences in arbitration
• Account suspension or termination
• Reporting to professional bodies (for Providers)

2.2 Confidentiality

2.2.1 All dispute resolution proceedings (mediation, arbitration) are CONFIDENTIAL unless:

• Required by Applicable Law
• Necessary to enforce an award in court
• Parties mutually agree to disclosure
• Disclosure is to legal advisors, insurers, or auditors (under confidentiality obligations)

2.2.2 Confidentiality covers:

• Existence of the Dispute
• Documents exchanged
• Witness testimony
• Mediator/arbitrator deliberations
• Settlement terms (if settled)
• Arbitration awards (except as necessary for enforcement)

2.2.3 Breach of confidentiality may result in:

• Injunctive relief
• Damages for harm caused
• Termination of Platform access

2.3 Proportionality

2.3.1 Dispute resolution procedures shall be proportionate to:

• Amount in dispute
• Complexity of issues
• Parties' resources

2.3.2 Simplified procedures apply for:

• Disputes under GH₵10,000 (expedited arbitration)
• Clear-cut contractual breaches (summary determination)

2.3.3 Full procedures apply for:

• Disputes over GH₵100,000
• Complex factual or legal issues
• Multi-party disputes

3. Five-tier Dispute Resolution Process

Tier 1: Supervisor Resolution (Mandatory First Step)

3.1 Initiation

3.1.1 Before initiating formal dispute resolution, the aggrieved Party must:

(a) Raise the Dispute

• Raise it first in the Project's conversation with the other Party, then email info@nnarksup.com with the Project name and what happened
• Note: the in-app Dispute Center described below is not yet built. Until it ships, every step in this Framework that refers to submitting through the Platform is carried out by email to info@nnarksup.com, and this note is removed when it ships.
• Complete the Dispute Submission Form:
  • Nature of Dispute (dropdown: Payment, Quality, Documentation, Contract Breach, Other)
  • Parties involved
  • Date of incident
  • Detailed description (minimum 200 words)
  • Supporting evidence (upload documents, photos, videos, communications)
  • Desired resolution (e.g., payment release, Milestone re-verification, contract termination, damages)

(b) The Platform automatically notifies the other Party within 24 hours

(c) Other Party must respond within 5 Business Days with

• Acceptance of claim (leads to immediate resolution)
• Rejection with detailed reasons
• Counterclaim (if applicable)

Tier 2: Nnarksup Dispute Resolution Officer (DRO)

3.2.1 A Nnarksup Dispute Resolution Officer (DRO) is assigned within 2 Business Days.

3.2.2 The DRO:

• Reviews all evidence submitted by both Parties
• May request additional information or Documentation
• May interview Parties (separately or jointly)
• May commission additional verification (e.g., independent engineer inspection)
• Issues a non-binding recommendation within 10 Business Days

3.2.3 The DRO's recommendation includes:

• Summary of facts
• Analysis of each Party's position
• Application of relevant contract terms
• Proposed resolution (e.g., "Milestone should be approved," "Provider should correct defects," "Payment should be reduced by X%")

3.2.4 Parties have 5 Business Days to:

• Accept the recommendation (becomes binding if both accept)
• Reject and proceed to Tier 2 (Nnarksup Dispute Resolution Officer)

3.3 Cost

3.3.1 Tier 1 Supervisor Resolution is FREE (no charge beyond Platform fees already paid).

3.4 Outcome

3.4.1 If both Parties accept the DRO's recommendation:

• Resolution is documented and binding
• Platform implements the resolution (e.g., releases payment, updates Milestone status)
• No further dispute resolution on the same issue

3.4.2 If either Party rejects, the Dispute proceeds to Tier 3 (Mediation).

Tier 3: Mediation

3.5 Mediation Initiation

3.5.1 Either Party may request mediation by:

• Notifying Nnarksup and the other Party in writing
• Stating willingness to engage in good-faith mediation

3.5.2 Mediation requires mutual agreement. If the other Party declines within 5 Business Days, the Dispute proceeds directly to Tier 4 (Arbitration).

3.6 Mediator Appointment

3.6.1 Parties may:

• Agree on a mediator within 7 Business Days, OR
• Request Nnarksup to appoint a mediator from its approved panel

3.6.2 Nnarksup's mediator panel consists of:

• Retired judges
• Senior lawyers with arbitration experience
• Construction industry experts (for construction disputes)
• Business professionals with mediation training

3.6.3 Mediator qualifications:

• Minimum [10] years relevant experience
• Accredited mediator training (e.g., Ghana ADR Hub, CEDR, ICC)
• No conflict of interest with either Party

3.6.4 If Parties cannot agree and request Nnarksup's appointment, Nnarksup appoints within 5 Business Days based on:

• Nature of Dispute (e.g., technical construction dispute → engineer mediator)
• Language requirements
• Availability

3.7 Mediation Procedure

3.7.1 Timeline: Mediation should be completed within 30 days of mediator appointment (extendable by mutual agreement).

3.7.2 Location:

• In-person: Accra, Ghana (or other mutually agreed location)
• Virtual: Video conference (if Parties agree or one Party is abroad)

3.7.3 Process:

(a) Pre-Mediation

• Each Party submits a confidential position statement (maximum 10 pages) to the mediator within 7 days of appointment
• Exchange of key documents (agreed list)

(b) Opening Joint Session

• Mediator explains process, confirms confidentiality
• Each Party presents their case (20-30 minutes per side)
• Opportunity for questions

(c) Private Caucuses

• Mediator meets separately with each Party
• Explores interests, priorities, settlement parameters
• Floats settlement proposals

(d) Joint Negotiation (if productive)

• Parties return to joint session to negotiate directly (mediator facilitates)

(e) Settlement or Impasse

• If settlement reached: Documented in writing, signed by Parties
• If impasse: Mediation terminates, proceed to Tier 4 (Arbitration)

3.7.4 Confidentiality:

• Statements made in mediation cannot be used in subsequent arbitration or litigation
• "Without prejudice" privilege applies

3.8 Mediation Costs

3.8.1 Costs are shared equally unless Parties agree otherwise:

(a) Mediator fees

• Disputes under GH₵50,000: GH₵2,000 - 5,000 (total)
• Disputes GH₵50,000 - GH₵200,000: GH₵5,000 - 15,000
• Disputes over GH₵200,000: GH₵15,000 - 50,000

(b) Administrative fees (Nnarksup): GH₵500 (covers scheduling, venue, documentation)

(c) Venue costs (if in-person): Actual cost (conference room rental)

(d) Each Party bears its own legal fees (if represented)

3.8.2 If settlement is reached, the settlement agreement may allocate costs differently (e.g., one Party pays all costs as part of settlement).

3.9 Settlement Agreement

3.9.1 If mediation succeeds, the settlement agreement must:

• Be in writing
• Signed by all Parties (electronic signatures valid)
• Specify terms clearly (who does what, by when, payment amounts, etc.)
• Include release clause (Parties release each other from claims related to the Dispute)
• Be filed with Nnarksup for implementation

3.9.2 Settlement agreements are binding contracts enforceable in court.

3.9.3 Nnarksup implements settlements (e.g., releases payments, updates records) within 3 Business Days.

Tier 4: Binding Arbitration (Final Resolution)

3.10 Arbitration Agreement

3.10.1 By accepting this Agreement, Parties irrevocably agree that any Dispute not resolved through Tier 1 or Tier 2 shall be finally resolved by binding arbitration.

3.10.2 Arbitration is mandatory and exclusive (except for Emergency Relief per Article 7).

3.10.3 Parties waive the right to:

• Bring disputes in court (except to enforce arbitration awards)
• Jury trial
• Class actions or representative actions (individual arbitration only)

3.11 Governing Arbitration Law & Rules

3.11.1 Arbitration shall be conducted under:

• The Arbitration Act, 2010 (Act 798) of Ghana (substantive law)
• Ghana Arbitration Centre (GAC) Rules (procedural rules)
• Available at: www.ghanaarbitrationcentre.org

3.11.2 In the event of conflict between this Framework and GAC Rules, this Framework prevails (to the extent permitted by law).

3.12 Seat of Arbitration

3.12.1 The legal seat (juridical seat) of arbitration is Accra, Republic of Ghana.

3.12.2 This determines:

• Courts with supervisory jurisdiction (Ghanaian courts)
• Applicable procedural law (Ghanaian arbitration law)
• Enforcement regime (New York Convention applies)

3.12.3 Physical hearings may be held elsewhere by mutual agreement, but the legal seat remains Accra.

3.13 Language

3.13.1 Arbitration proceedings shall be conducted in English.

3.13.2 Documents in other languages must be accompanied by certified English translations (cost borne by submitting Party).

3.13.3 Interpretation services (for non-English speaking witnesses) shall be arranged by the Party calling the witness.

3.14 Initiation of Arbitration

3.14.1 To initiate arbitration, the claimant must:

(a) File a Notice of Arbitration with

• Ghana Arbitration Centre (GAC)
• Address: [●], Accra, Ghana
• Email: arbitration@ghanaarbitrationcentre.org

(b) The Notice must include

• Names and contact details of all Parties
• Description of the Dispute
• Relief sought (specific remedies, damages amount)
• Reference to this arbitration agreement
• Proposed arbitrator (if any)

(c) Simultaneously serve a copy on

• The respondent (other Party)
• Nnarksup (if Nnarksup is not a Party, for informational purposes)

3.14.2 Filing fees (paid to GAC):

• Disputes under GH₵50,000: GH₵1,000
• Disputes GH₵50,000 - GH₵200,000: GH₵3,000
• Disputes GH₵200,000 - GH₵500,000: GH₵7,000
• Disputes over GH₵500,000: GH₵15,000

3.15 Number of Arbitrators

3.15.1 Single Arbitrator (default for most disputes):

• Applies if amount in dispute is under GH₵500,000
• Faster and more cost-effective

3.15.2 Three Arbitrators (for large or complex disputes):

Applies if:

• Amount in dispute exceeds GH₵500,000, OR
• Parties mutually agree, OR
• Dispute involves complex technical issues requiring multi-disciplinary expertise

3.15.3 Parties may agree to a different number, subject to GAC approval.

3.16 Arbitrator Appointment

3.16.1 Procedure for Single Arbitrator:

(a) Mutual Agreement (Preferred)

• Parties attempt to agree on an arbitrator within 14 days of the respondent receiving the Notice of Arbitration
• If agreement reached, jointly notify GAC

(b) GAC Appointment (If No Agreement)

• If Parties fail to agree within 14 days, either Party may request GAC to appoint
• GAC appoints within 10 Business Days from its approved panel
• Parties may submit preferences (subject matter expertise, language skills, etc.) but GAC has final discretion

3.16.2 Procedure for Three Arbitrators:

(a) Each Party appoints one arbitrator within 14 days of the respondent receiving the Notice

(b) The two party-appointed arbitrators select a third (presiding) arbitrator within 14 days of their appointment

(c) If either Party fails to appoint, or the two arbitrators cannot agree on the presiding arbitrator, GAC appoints within 10 Business Days

3.16.3 Arbitrator Qualifications:

All arbitrators must:

• Be qualified lawyers, retired judges, or industry experts (for technical disputes)
• Have minimum [10] years relevant experience
• Be trained in arbitration (e.g., CIArb, IBA, GAC certification)
• Be independent and impartial (no conflict of interest)
• Disclose any potential conflicts before appointment

3.16.4 Challenge to Arbitrator:

• Any Party may challenge an arbitrator for lack of impartiality or independence within 10 days of learning of grounds
• Challenge decided by GAC (for sole/presiding arbitrator) or co-arbitrators (for party-appointed arbitrators)

3.17 Arbitration Procedure

3.17.1 Procedural Timeline (Target - may vary based on complexity):

3.17.2 Statement of Claim & Defense:

(a) Claimant's Statement of Claim (submitted with or shortly after Notice of Arbitration)

• Full particulars of the claim
• Facts supporting the claim
• Legal arguments
• Quantum of damages/relief
• Supporting documents
• Witness list (preliminary)

(b) Respondent's Statement of Defense (within 20 days of arbitrator appointment)

• Response to each allegation
• Affirmative defenses
• Counterclaims (if any)
• Supporting documents
• Witness list

(c) Reply & Rejoinder (if necessary): As permitted by arbitrator

3.17.3 Preliminary Conference:

• Held within 30-40 days of arbitrator appointment (virtual or in-person)
• Purpose:
  • Establish procedural timetable
  • Identify issues in dispute
  • Determine document production scope
  • Set hearing dates
  • Address jurisdictional challenges (if any)
  • Discuss settlement prospects

3.17.4 Document Production:

(a) Standard: Each Party produces documents on which it relies

(b) Specific Requests: Parties may request specific, relevant, non-privileged documents from each other

• Requests must be specific (not "fishing expeditions")
• Objections to production decided by arbitrator

(c) Confidentiality: Produced documents may only be used for the arbitration (not for other purposes)

3.17.5 Witness Evidence:

(a) Written Witness Statements

• Each Party submits written witness statements (signed affidavits)
• Witnesses attest to facts within their personal knowledge
• Timeline: As per procedural timetable (typically 80-100 days post-appointment)

(b) Expert Witnesses

• Parties may engage experts (e.g., engineers, quantity surveyors, accountants)
• Expert reports submitted in writing
• Must include expert's qualifications, methodology, opinions, basis for opinions

(c) Cross-Examination at Hearing

• Witnesses and experts are subject to cross-examination
• Parties may examine their own witnesses (examination-in-chief) to supplement written statements

3.17.6 Hearing:

(a) Location

• Default: Accra, Ghana (venue provided by GAC or as agreed by Parties)
• May be virtual (video conference) if:
  • Parties agree, OR
  • A Party is abroad and in-person attendance is impractical, OR
  • COVID-19 or similar circumstances

(b) Duration

• Depends on complexity
• Simple disputes: 1-2 days
• Complex disputes: 3-5 days (or longer)

(c) Procedure

• Opening statements (each Party: 30-60 minutes)
• Claimant's evidence (witnesses, experts)
• Respondent's evidence
• Closing arguments (each Party: 30-90 minutes)
• Arbitrator may ask questions at any time

(d) Recording

• Official transcript may be prepared (cost shared or as allocated by arbitrator)
• Audio/video recording by Parties generally not permitted (unless agreed)

3.17.7 Closing Submissions:

• After hearing concludes, Parties may submit written closing briefs (if arbitrator permits)
• Deadline: Typically 20 days post-hearing
• Simultaneously exchanged (Parties do not see each other's briefs before submission)

3.18 Arbitrator's Powers

3.18.1 The arbitrator has authority to:

• Determine jurisdiction (power to rule on objections to arbitration agreement)
• Extend or shorten procedural timelines
• Order document production
• Subpoena witnesses (with court assistance if needed)
• Appoint tribunal-appointed experts
• Grant interim measures (see Article 3.19)
• Award costs
• Issue the final award

3.18.2 The arbitrator does NOT have authority to:

• Award punitive damages (unless permitted by substantive law)
• Modify the arbitration agreement
• Refer questions to another tribunal
• Award relief beyond what is claimed

3.19 Interim Measures During Arbitration

3.19.1 Parties may request interim relief from the arbitrator:

(a) Types of Interim Measures

• Preservation of evidence (e.g., prevent destruction of documents, site preservation)
• Preservation of assets (prevent asset dissipation pending award)
• Injunctions (e.g., prevent ongoing contract breach)
• Security for costs (require claimant to post bond if there's risk of inability to pay costs if claim fails)

(b) Standard for Grant

• Prima facie case (claimant shows reasonable prospect of success)
• Irreparable harm if relief not granted
• Balance of hardships favors claimant
• Public interest (if relevant)

(c) Procedure

• Expedited application process (decision within 10 days)
• May be ex parte (without notice to other Party) in urgent cases, followed by opportunity for other Party to be heard

3.19.2 Court Assistance:

• If arbitrator's interim measures are not sufficient (e.g., enforcement requires court authority), Parties may apply to Ghanaian courts under Arbitration Act, 2010 (Act 798), Section 16

3.20 Arbitration Award

3.20.1 Timeline: Arbitrator shall issue the final award within 60 days of the hearing's conclusion (or last submission, whichever is later).

3.20.2 Form of Award:

(a) The award must be

• In writing
• Signed by the arbitrator(s)
• Dated
• Specify the seat of arbitration (Accra, Ghana)

(b) The award shall include

• Summary of claims and defenses
• Findings of fact
• Legal reasoning (application of law to facts)
• Decision on each claim/counterclaim
• Amount of damages awarded (if any)
• Allocation of costs (see Article 3.21)
• Interest (if applicable)

3.20.3 Majority Decision: If three arbitrators, the award is by majority. The dissenting arbitrator may append a dissenting opinion.

3.20.4 Finality: The arbitration award is final and binding on the Parties.

3.20.5 Correction/Interpretation:

• Parties may request correction of clerical errors within 14 days of receiving the award
• Parties may request interpretation of the award within 14 days (if meaning is unclear)
• Arbitrator decides within 10 days

3.21 Costs Allocation

3.21.1 Arbitration Costs include:

• Arbitrator fees
• GAC administrative fees
• Venue/transcript costs
• Legal fees of each Party (if cost-shifting applies)

3.21.2 Arbitrator Fee Structure (Ghana Arbitration Centre Guidelines):

• Per Ghana Arbitration fee structure

3.21.3 Allocation Principles:

(a) Default Rule - "Costs Follow the Event"

• The losing Party pays the winning Party's costs
• Apportioned if both Parties partially succeed (e.g., 60/40 split if claimant recovers 60% of claim)

(b) Arbitrator's Discretion

May deviate from default if:

• A Party acted unreasonably (e.g., rejected reasonable settlement offer)
• A Party caused unnecessary expense (frivolous arguments, excessive witnesses)
• A Party brought the claim/defense in bad faith

(c) Advance Deposits

• Parties typically pay equal deposits for arbitrator fees upfront (into GAC escrow)
• Final allocation per award (loser reimburses winner's deposit)

3.21.4 Legal Fees:

(a) Each Party bears its own legal fees unless the arbitrator orders otherwise

(b) Arbitrator may award legal fees to the winning Party if

• Other Party acted in bad faith or vexatiously
• Clear-cut case where losing Party had no reasonable basis
• Applicable law or contract provides for fee-shifting

(c) Legal fees awarded are typically "reasonable and necessary" (not full indemnity), assessed at

• 50-70% of actual fees incurred, OR
• Standard rates for legal services in Ghana

3.21.5 Security for Costs:

• If the respondent demonstrates that the claimant may be unable to pay costs if the claim fails (e.g., claimant is overseas, insolvent), the arbitrator may order the claimant to post security (bond or deposit)
• Typical amount: Estimated arbitration costs + respondent's legal fees
• Claimant's failure to post security may result in claim dismissal

3.22 Enforcement of Award

3.22.1 Domestic Enforcement (Ghana):

• Arbitration awards are enforceable as court judgments under the Arbitration Act, 2010 (Act 798), Section 54
• Party seeking enforcement files the award with the High Court
• Court enforces unless grounds for refusal exist (very limited - see Article 3.23)

3.22.2 International Enforcement:

• Ghana is a party to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958)
• Awards from Ghanaian arbitration (seated in Accra) are enforceable in 170+ countries
• Enforcement procedure per the law of the country where enforcement is sought

3.22.3 Voluntary Compliance:

• Parties are expected to comply with awards voluntarily within 30 days of issuance
• Failure to comply triggers enforcement proceedings

3.23 Challenge to Award (Very Limited Grounds)

3.23.1 A Party may apply to the High Court of Ghana to set aside an arbitration award ONLY on the following grounds (Arbitration Act, 2010, Section 58):

(a) Procedural Irregularities

• Party was not given proper notice of arbitration
• Party was unable to present its case
• Award deals with matters beyond the scope of submission to arbitration

(b) Jurisdictional Issues

• The arbitration agreement is invalid under applicable law
• The subject matter is not capable of settlement by arbitration under Ghanaian law

(c) Public Policy

• Enforcement of the award would be contrary to public policy of Ghana (very narrow - e.g., fraud, corruption, fundamental procedural unfairness)

3.23.2 Procedure:

• Application must be filed within 30 days of receiving the award
• Court decides on documents (rarely holds oral hearings)
• Standard of review: Very deferential (courts do not re-examine merits)

3.23.3 No Appeal on Merits:

• Even if the arbitrator made an error of law or fact, this is NOT grounds to set aside the award
• Parties have agreed to accept the arbitrator's decision as final

3.23.4 Effect of Court Refusal to Set Aside:

• Award stands and is enforceable
• No further appeals (except on narrow procedural grounds to appellate courts)

Tier 5: Court Litigation (Only in Exceptional Circumstances)

3.24 When Court Litigation is Permitted

3.24.1 Parties may resort to court litigation ONLY for:

(a) Enforcement of arbitration awards (Article 3.22)

(b) Challenge to arbitration awards (Article 3.23)

(c) Emergency relief before arbitration commences (Article 7)

(d) Matters outside arbitration scope

• Criminal complaints (fraud, forgery)
• Regulatory violations (reporting to Bank of Ghana, etc.)
• Insolvency/bankruptcy proceedings

3.24.2 Parties MAY NOT litigate the merits of Disputes in court (exclusive jurisdiction of arbitration).

3.25 Jurisdiction for Court Proceedings

3.25.1 For matters that may be litigated, the courts of Accra, Ghana have exclusive jurisdiction.

3.25.2 Specifically:

• High Court (Commercial Division): First instance for enforcement, setting aside, emergency relief
• Court of Appeal: Appeals from High Court decisions
• Supreme Court: Final appeals (on questions of law only)

3.25.3 Exception for Overseas Users:

• If a User is domiciled outside Ghana and the matter involves consumer protection laws of their jurisdiction that cannot be contracted out of, they may have additional rights to bring proceedings in their local courts
• However, this does NOT override the arbitration agreement for commercial disputes

4. Special Provisions for Specific Dispute Types

4.1 Payment Disputes (User vs. Provider)

4.1.1 Common Scenarios:

• Provider claims Milestone is complete; User disputes
• User claims work is defective; Provider disputes
• Disagreement on change order pricing

4.1.2 Streamlined Process:

(a) Tier 1 Enhanced

• Nnarksup commissions an independent verification (neutral third-party inspector) at Nnarksup's expense
• Independent report provided within 10 days
• Both Parties review and may accept or reject

(b) Expedited Arbitration (if Tier 1 fails)

• Arbitrator appointed within 5 days (from GAC construction specialist panel)
• Documents-only arbitration (no hearing unless disputed facts require witness testimony)
• Decision within 30 days of appointment

4.1.3 Payment Pending Dispute:

• Disputed Milestone payment remains in Controlled Hold until resolution
• Undisputed prior Milestones are paid normally
• Future Milestones may proceed (Parties' discretion) or pause pending resolution

4.2 Provider Performance Disputes (User vs. Provider)

4.2.1 Common Scenarios:

• Provider abandons Project
• Provider persistently delays
• Work quality consistently poor

4.2.2 User's Rights:

• Terminate Provider engagement (per Project Agreement)
• Engage replacement Provider
• Claim damages (cost differential, delay damages)

4.2.3 Dispute Resolution:

• User initiates arbitration for damages
• Payment for verified Milestones to original Provider (not forfeited unless fraud)
• Remaining Controlled Hold funds available for replacement Provider

4.3 Multi-Party Disputes

4.3.1 Scenarios:

• User, Provider, and Nnarksup all involved
• Multiple co-funding Users disagree
• Subcontractor disputes

4.3.2 Joinder:

Additional parties may be joined to arbitration if:

• They consent, OR
• Their claims/defenses are closely connected to the main dispute

4.3.3 Separate Arbitrations (if necessary):

• If joinder is not possible (e.g., different arbitration clauses), separate proceedings may be consolidated at arbitrator's discretion

4.4 Intellectual Property Disputes

4.4.1 Scenarios:

• User claims Nnarksup infringes IP (e.g., proprietary project plans uploaded)
• Provider claims User's design infringes third-party IP

4.4.2 Arbitration Applicability:

• Contractual IP disputes (breach of IP clauses in agreements) → Arbitration
• Pure IP infringement claims by/against third parties → May require court litigation (Ghana IP laws may require court adjudication for some remedies)

4.4.3 Interim Relief:

• Injunctions to prevent ongoing infringement may be sought in court (emergency relief) even if underlying dispute is arbitrable

4.5 Data Protection / Privacy Disputes

4.5.1 Scenarios:

• User claims Nnarksup violated data protection obligations
• Unauthorized disclosure of confidential information

4.5.2 Arbitration Applicability:

• Contractual data protection breaches → Arbitration
• Regulatory enforcement (Data Protection Commission penalties) → Regulatory process (not arbitrable)

4.5.3 Remedies:

• Damages for breach
• Injunctive relief (cease processing, delete data)
• Regulatory complaints separate (User may file with Data Protection Commission in parallel)

5. Cross-border Dispute Considerations

5.1 Applicability to International Parties

5.1.1 This Dispute Resolution Framework applies to:

• Ghanaian Users and Providers
• Diaspora Users in UK, USA, Canada, Europe, elsewhere
• International Providers (if engaged through Platform)

5.1.2 Location of Parties does NOT change the dispute resolution process (same Tiers apply).

5.2 Language & Translation

5.2.1 All proceedings are in English.

5.2.2 Documents in other languages (e.g., French for users in Francophone countries) must be translated at the submitting Party's expense.

5.2.3 If a witness does not speak English, interpretation services must be arranged (cost borne by the Party calling the witness).

5.3 Virtual Proceedings

5.3.1 Given the diaspora nature of many Users:

• Tier 1 (Internal Platform Resolution): Always virtual (Platform-based)
• Tier 3 (Mediation): Virtual option available (video conference)
• Tier 3 (Arbitration): Hearings may be virtual by agreement or arbitrator's order

5.3.2 Virtual hearings are conducted via secure platforms (Zoom, Microsoft Teams, specialized arbitration platforms).

5.3.3 Virtual hearings have the same legal effect as in-person hearings.

5.4 Service of Notices

5.4.1 Notices to overseas Parties are served via:

• Email (to registered email address in Account)
• Platform notification
• Courier (DHL, FedEx) to registered physical address (if required for formal process)

5.4.2 Deemed service:

• Email: 24 hours after sending (unless bounce-back)
• Platform: When notification is posted to Account
• Courier: Per courier's tracking confirmation

5.5 Enforcement in Overseas Jurisdictions

5.5.1 Ghanaian arbitration awards are enforceable in New York Convention countries (170+), including:

• UK, USA, Canada, Germany, France, Australia, UAE, Nigeria, Kenya, South Africa, etc.

5.5.2 Enforcement procedure:

• Winning Party files award with courts in the country where losing Party has assets
• Court applies New York Convention (must enforce unless narrow exceptions apply)
• Exceptions mirror Ghana's grounds for setting aside (Article 3.23)

5.5.3 Practical Tip: Users should ensure Providers have assets in Ghana or other Convention countries for easier enforcement.

5.6 Conflict of Laws

5.6.1 Substantive Law:

• Disputes are governed by Ghanaian law (per governing law clauses in Agreements)
• Exception: Mandatory consumer protection laws of a User's domicile (if cannot be contracted out)

5.6.2 Procedural Law:

• Arbitration procedure governed by Ghanaian arbitration law (Arbitration Act, 2010) and GAC Rules

5.6.3 If Mandatory Laws Apply:

• Arbitrator must apply them (e.g., EU consumer protection for EU Users)
• Award may be unenforceable in that jurisdiction if mandatory laws violated

6. Confidentiality & Transparency

6.1 Confidentiality Obligations

6.1.1 All Parties, mediators, arbitrators, and Nnarksup staff involved in dispute resolution agree to keep confidential:

• The existence and details of the Dispute
• Documents exchanged
• Testimony and evidence
• Mediation discussions
• Arbitration deliberations
• Settlement terms
• Arbitration awards (except as needed for enforcement)

6.1.2 Permitted Disclosures:

• To legal advisors (under attorney-client privilege)
• To insurers (if insurance coverage applies)
• To auditors/accountants (for financial reporting)
• As required by law or court order
• To enforce awards
• With mutual written consent of all Parties

6.1.3 Nnarksup's Platform Data:

Nnarksup may use anonymized, aggregated dispute data for:

• Platform improvement
• Research and analytics
• Training purposes
• No Party-identifying information is disclosed

6.2 Public Disclosure Restrictions

6.2.1 Parties agree NOT to:

• Issue press releases about the Dispute
• Post on social media about ongoing disputes
• Disparage other Parties publicly

6.2.2 Exception: Factual, non-inflammatory statements are permitted if:

• Required by law (e.g., public company disclosure obligations)
• Necessary to defend against false public allegations by other Party
• Part of regulatory complaint (e.g., to Bank of Ghana)

6.2.3 Breach of confidentiality may result in:

• Injunctive relief (court orders to cease)
• Damages
• Adverse cost orders in arbitration
• Account termination (for Platform users)

7. Emergency Relief / Court Jurisdiction

7.1 Emergency Situations Requiring Immediate Court Action

7.1.1 Notwithstanding the arbitration agreement, a Party may seek emergency relief from the High Court of Ghana (Commercial Division) in the following urgent situations:

(a) Preservation of Assets

• Risk of respondent dissipating assets, making a future award unenforceable
• Examples: Transferring funds overseas, selling property, closing business

(b) Injunctions

• Prevent irreparable harm that cannot be compensated by damages
• Examples:
  • Prevent destruction of evidence (demolition of a disputed building, deletion of digital records)
  • Prevent ongoing IP infringement (use of copyrighted design, trademark violation)
  • Prevent ongoing breach (e.g., Provider using Platform after suspension)

(c) Attachment of Property

• Secure specific assets pending arbitration
• Example: Attach bank account, construction equipment

7.1.2 Standard for Emergency Relief:

• Prima facie case: Applicant must show a reasonable likelihood of success in arbitration
• Irreparable harm: Damage cannot be adequately compensated by money
• Balance of convenience: Harm to applicant if relief denied > harm to respondent if relief granted
• Urgency: Cannot wait for arbitration to commence/conclude

7.1.3 Procedure:

• File application with High Court (Commercial Division)
• May be ex parte (without notice) if urgency requires, followed by inter partes hearing (with notice)
• Hearing typically within 3-7 days
• Order is temporary (remains in effect until arbitration concludes or court modifies)

7.1.4 Effect on Arbitration:

• Seeking emergency court relief does NOT waive the right to arbitration
• Arbitration proceeds in parallel
• Arbitrator may review/modify court's interim measures

7.2 Exclusive vs. Non-Exclusive Court Jurisdiction

7.2.1 Exclusive Jurisdiction (Courts of Accra, Ghana): For matters that must be brought in Ghana:

• Enforcement of arbitration awards
• Setting aside arbitration awards
• Support for arbitration (e.g., subpoenas, witness compulsion)

7.2.2 Non-Exclusive Jurisdiction: For emergency relief (Article 7.1), Parties may also seek relief in:

• Courts where assets are located (e.g., UK courts if respondent has UK property)
• Courts where respondent is domiciled (if more practical)
• However, Ghanaian courts remain available and should be the default.

7.3 Small Claims Exception

7.3.1 If Applicable Law in a User's jurisdiction provides that disputes under a certain amount must be resolved in small claims court (e.g., UK small claims for disputes under £10,000), and that right cannot be contracted out of, the User retains the right to bring such claims in their local small claims court.

7.3.2 This exception applies ONLY to:

• Individual consumer Users (not businesses)
• Claims within the jurisdictional limit
• Where local law makes arbitration agreements unenforceable for such claims

7.3.3 Nnarksup reserves the right to remove such claims to arbitration if permitted by law.

8. Fees & Costs Summary Table

8.1 Dispute Resolution Costs at a Glance

8.2 Cost-Benefit Guidance

For Disputes Under GH₵10,000:

• Strongly encouraged to settle at Tier 1
• Arbitration costs may exceed the amount in dispute
• For Disputes GH₵10,000 - GH₵50,000:
  • Tier 1 + Tier 2 recommended
  • For Disputes Over GH₵50,000:
  • Tier 3 (Mediation)
  • Arbitration is cost-effective relative to amount at stake
  • Investment in legal representation worthwhile

9. General Provisions

9.1 Amendment of Dispute Resolution Framework

9.1.1 Nnarksup may amend this Dispute Resolution Framework upon 60 days' written notice (longer notice period than general Terms, given importance).

9.1.2 Amendments apply to:

• Disputes arising after the effective date of amendment
• NOT to disputes already pending at the time of amendment (original Framework applies)

9.1.3 Material amendments (e.g., change from arbitration to litigation) require User consent (opt-in for existing Users, automatic for new Users).

9.2 Waiver of Jury Trial

9.2.1 TO THE EXTENT ANY DISPUTE EVER PROCEEDS TO COURT (e.g., enforcement, emergency relief), ALL PARTIES IRREVOCABLY WAIVE THEIR RIGHT TO A JURY TRIAL.

9.2.2 Disputes shall be decided by a judge sitting without a jury.

9.3 Class Action / Representative Action Waiver

9.3.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL PARTIES AGREE:

• Disputes shall be resolved on an individual basis only
• No class actions, class arbitrations, or representative actions
• Each Party may bring claims only in their individual capacity

9.3.2 Severability: If a court finds this waiver unenforceable, the arbitration agreement in Article 3 shall not apply to class claims, which shall proceed in court (but individual claims remain subject to arbitration).

9.3.3 Exception: If Applicable Law (e.g., EU consumer protection law) prohibits class action waivers and such law cannot be contracted out of, the waiver does not apply.

9.4 Limitation Period for Bringing Claims

9.4.1 Statute of Limitations: Claims must be brought within the time limits prescribed by applicable law (generally 6 years under Ghanaian law for contract claims).

9.4.2 Contractual Limitation (Shorter): Notwithstanding statutory limits, Parties agree that claims must be brought within:

• 2 years from the date the claim arose (or could reasonably have been discovered)

9.4.3 Failure to bring a claim within this period results in permanent waiver (claim is time-barred).

9.4.4 Tolling: The limitation period is tolled (paused) during:

• Tier 1 Internal Platform Resolution
• Tier 2 Mediation (Once a Party rejects settlement/mediation, limitation period resumes)

9.5 Governing Law for Dispute Resolution Procedures

9.5.1 This Dispute Resolution Framework is governed by the laws of the Republic of Ghana.

9.5.2 Interpretation of procedural provisions (e.g., timelines, notice requirements) is per Ghanaian legal principles.

10. Contact Information for Dispute Resolution

10.1 Nnarksup Dispute Resolution Department

For Tier 1 (Internal Platform Resolution):

• Platform: Login → Projects → File a Dispute
• Email: disputes@nnarksup.com
• (Monday-Friday, 9 AM - 5 PM GMT)
• For Tier 3 (Mediation Requests):
  • Email: disputes@nnarksup.com
  • Written Notice: Nnarksup Company Limited, Adenta, Accra, Ghana

10.2 Ghana Arbitration Centre (GAC)

For Tier 3 (Arbitration Filings):

• Address: Accra, Ghana
• Email: arbitration@ghanaarbitrationcentre.org
• Website: www.ghanaarbitrationcentre.org

10.3 High Court of Ghana (Commercial Division)

For Tier 4 (Court Enforcement / Emergency Relief):

• Address: High Court Complex, Accra, Ghana

11. Acknowledgment & Acceptance

11.1 BY USING THE NNARKSUP PLATFORM, ALL PARTIES ACKNOWLEDGE AND AGREE:

• They have read and understood this Dispute Resolution Framework
• They consent to the multi-tier dispute resolution process (Internal → Mediation → Arbitration)
• They waive the right to court litigation (except as expressly provided)
• They waive the right to jury trial
• They waive the right to class actions (subject to mandatory law exceptions)
• They understand that arbitration awards are final and binding with very limited grounds for appeal
• They accept the costs and timelines associated with each Tier
• They agree to participate in good faith at each Tier

11.2 This Framework is an integral part of the User Agreement and Provider Agreement and is binding on all Platform participants.