Ghana wins preliminary ruling in Cassius Mining’s $300m international arbitration

An international arbitration tribunal has ruled that the seat of the international arbitration instituted by Cassius Mining Company Limited against Ghana shall be Ghana, and not London, as claimed by the company.

It upheld Ghana’s contention that the High Court of Ghana retains supervisory jurisdiction over the multi-million-dollar arbitration between Cassius Mining Limited and government.

The ruling means that the High Court can grant relief regarding the arbitration

This is the first time since 2003 that an international arbitration tribunal has ruled that the High Court retains jurisdiction in international arbitration to which the GoG is a party.

In yet another fatal blow to Cassius, the tribunal held that the UNCITRAL Arbitration Rules shall not apply to international arbitration and that the arbitration is subject to the rules of Ghana’s Alternative Dispute Resolution Act.

The Attorney-General, Godfred Yeboah Dame, has indicated that with the tribunal upholding its contention that the international arbitration was subject to the jurisdiction of Ghanaian courts, he intends to seek a determination of the constitutionality of the PLA using the power of the High Court to determine any question of law that arise during an arbitration proceeding.

This ruling by the international arbitration tribunal, however, affirms the jurisdiction of Ghana’s High Court.