Supreme Court dismisses APSL bid to revive US$33.3m Boankra arbitration award

The Supreme Court of Ghana has unanimously dismissed an application by Ashanti Port Services Limited (APSL) that sought to overturn a High Court decision nullifying a US$33.

The court found that APSL failed to obtain valid board approval before launching arbitration, and that a subsequent January 2024 board meeting meant to ratify the lawsuit was invalid because the board lacked required representatives from crucial stakeholders like GPHA and the Ghana Shippers’ Authority.

Both the High Court and the Supreme Court agreed that APSL lacked the legal and corporate capacity to initiate arbitration when the proceedings began.