How Ghana won preliminary ruling against Cassius Mining, getting case before nation’s High Court

In a recent development, an International Arbitration Tribunal has issued a preliminary ruling in the dispute between Cassius Mining Company Limited and the Government of Ghana. 

The tribunal ruled that the arbitration proceedings would take place before a High Court in Ghana rather than in London, United Kingdom, contrary to the request by Cassius Mining.

Cassius Mining had sought to conduct the arbitration in London, but the tribunal decided otherwise after considering arguments presented by the Attorney-General and Minister of Justice, Godfred Yeboah Dame, and lawyers representing Cassius Mining. 

This decision was reached after preliminary issues were discussed in December 2023.

The dispute stems from Cassius Mining's claims of breaches of contract and Ghana's mining laws, following the government's decision not to extend the company's Prospecting Licence Agreement (PLA), which allowed it to prospect for gold. 

The PLA was signed in December 2016, immediately before the transition between the NDC to the current ruling NPP.

Attorney-General Godfred Yeboah Dame argued that the High Court of Ghana maintains supervisory jurisdiction over the arbitration between Cassius Mining and the Government of Ghana. 

This ruling implies that the High Court can provide remedies regarding the arbitration process, and any resulting award or "judgment debt" is subject to Ghanaian laws and can be challenged in the High Court under the Alternative Dispute Resolution Act, 2010 (Act 798).

This marks the first instance since 2003 where an international arbitration tribunal has ruled that the High Court of Ghana retains jurisdiction in a dispute involving the Government of Ghana. 

Previously, other jurisdictions such as the UK, France, the Netherlands, and Washington D.C. had been recognized as having such authority, leading to significant costs for the Ghanaian government.

Attorney-General Godfred Yeboah Dame intends to utilize the power of the High Court to determine the constitutionality of the PLA during the arbitration proceedings. 

Despite Cassius Mining's attempts to avoid the jurisdiction of the Ghanaian courts, including appeals to the Permanent Court of Arbitration in the Hague and arguing against the application of the Alternative Dispute Resolution Act, the tribunal has upheld the jurisdiction of Ghana's High Court.

Represented by international law firm Quinn, Emanuel, Uquhart, and Sullivan, as well as Ghanaian law firm ENS Africa, Cassius Mining has been engaged in a legal battle with Ghana since February 2023. 

This recent ruling by the international arbitration tribunal reinforces the authority of Ghana's High Court to oversee the dispute resolution process.