[2023]DLHC16324 • July 31, 2023 • High Court
THE ATTORNEY GENERAL vs. CASSIUS MINING LIMITED
The Respondent, Cassius Mining Limited, a Ghanaian registered company, was granted a Prospecting Licence by the Government of Ghana on 28 December 2016 for two years. Disputes arose regarding alleged unlawful actions by the Government, leading the Respondent to initiate arbitration at the Ghana Arbitration Centre (GAC) in 2018. Despite ongoing arbitration proceedings at the GAC, the Respondent instituted separate international arbitration proceedings under UNCITRAL Rules and proposed the Permanent Court of Arbitration (PCA) and later London as the seat of arbitration, actions contested by the Applicant (Attorney General) as breaches of the arbitration agreement under the Prospecting Licence Agreement (PLA).
read moreJUDGMENT Introduction The Parties to this Originating Mot on are the Attorney-General of the Republic of Ghana (hereinafter referred to as the Applicant) and Cassius Mining Limited, a Ghanaian registered Company (hereinafter referred to as the Respondent). By the present Originating Motion which is premised on Section 39 of the Alternative Dispute Resolution Act (Act 798), the Applicant seeks an Order of Interim Injunction restraining the Respondent from: "instituting, or pursuing any arbitration outside the jurisdiction of Ghana under the Prospecting Licence Agreement dated the 28th of December, 2016 entered into between the Government of Ghana and the Respondent, or taking any step whatsoever in international arbitration · proceedings against the Government of Ghana until the arbitration instituted by the Respondent against the Applicant at the Ghana Arbitration Centre has been heard and determined Factual Background The grounds for the Application are that on or ab....