On July 13, 2022, the Community Court of Justice of the Economic Community of West African States (ECOWAS Court) shall deliver its judgment in a suit challenging the propriety of the Agyapa Deal initiated by the Government of Ghana (GoG). On December 20, 2020, Transparency International (TI), Ghana Integrity Initiative (GII), and Ghana Anti‐Corruption Coalition...
Introduction When negotiating international contracts involving the extraction of natural resources, the parties (the Investor and the State) carefully consider their choice of governing law and dispute resolution clauses (arbitration agreements) which are expressly set out in the contract. For example, Article 24 of the Petroleum Agreement between the Government of the Republic of Ghana, Ghana National Petroleum Corporation, Tullow Ghana Limited,...
Consider a scenario where you discover a gold nugget while digging your land for planting. Section 111 of the Minerals and Mining Act, 2006 (Act 703) defines “mineral” as a substance in solid or liquid form that occurs naturally in or on the earth, or on or under the seabed, formed by or subject to geological...
The Business and Property Courts of England and Wales in the case of Seadrill Ghana Limited v Tullow Ghana Limited[1]has rejected a force majeure defence advanced by Tullow in response to an unlawful termination of contract claim by Seadrill. The relevant facts are as follows. Tullow hired from Seadrill a semi-submersible rig (by name West...
The mining industry comprises a number of players including mine support service providers. Mine support service providers provide support services to mineral right holders, including drilling and blasting services as well as the supply of mining equipment and spare parts. Under section 59 of the Minerals and Mining Act, 2006 (Act 703) support service providers...
Last weekend’s judgment in the “Dispute concerning delimitation of the maritime boundary between Ghana and Côte d’Ivoire in the Atlantic Ocean” by the International Tribunal for the Law of the Sea (“ITLOS”) is bound to enjoy the spotlight and court both public and media attention at least for the next couple of days, and it...
On 23rd September 2017, the Special Chamber of the International Tribunal for the Law of the Sea (ITLOS) will deliver its judgment in the Dispute Concerning Delimitation of the Maritime Boundary between Ghana and Côte d’Ivoire in the Atlantic Ocean (Ghana/Côte d’Ivoire)[1]. Hearings in respect of the substantive matter commenced on 6 February 2017 and...
Minerals are substances that occur naturally in the Earth’s crust. Minerals therefore form part of the land from which they are exploited. Legally, land includes not only the soil, but everything attached to it, whether attached by the course of nature as trees, herbage and water, or by the hand of man, as buildings and fences.[1]...