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Litigation, Arbitration and Regulatory

Our litigation and regulatory lawyers in Ghana are skilled in litigation and alternative dispute resolution and deploy that experience to help clients devise the best strategies.

We represent clients in diverse sectors of the economy including mining, telecommunications, and insurance companies and banks before the courts, the National Labor Commission, the National Insurance Commission and in arbitral proceedings.

Our clients know that they can count on our unparalleled dispute resolution expertise and quality service.

In an environment where regulation and its enforcement will only increase, we recognize that effective compliance and avoidance of regulatory intervention are business critical issues for our clients.

We have the local knowledge to apply the regulatory, economic, political and cultural context to legal issues and develop case strategies, including technically challenging or complex multi-jurisdictional matters.

Experience has included advising:

  • In the context of the recovery of an amount of USD3 million being the outstanding balance on the purchase price of mineral rights sold by our client, a mineral exploration company to another mineral exploration company in Ghana.
  • The representation of a Dutch construction company in litigation before the three superior courts in Ghana, in respect of a claim in the region of USD7 million relating to construction work done by the client for a contractor in respect of the West Africa Gas Pipeline.
  • Mohinani Group on the merits of an appeal of a case involving its subsidiary, Poly Products Limited  for the recovery of possession to land on which Poly Products Limited had established and has been operating a significant factory for the production of plastic products.
  • Vulcan Natural Resources Limited in respect of a court action for the enforcement of rights of occupation to property pursuant to an agreement between the company and its shareholder.
  • Newmont Golden Ridge Limited in court in relation to arbitration involving construction contracts instituted by a contractor against the company and in challenging in one case and resisting in the second case, the enforcement of the arbitral award made against the client.
  • Newmont Ghana Gold Limited in an appeal before the Court of Appeal seeking the Court to set aside the award of approximately USD2 million made in favor of 9 former employees by the court below in a wrongful dismissal suit. The matter is now pending before the Supreme Court.
  • A client in enforcement proceedings in court in relation to two substantial arbitral awards obtained against a Ghanaian company in Dubai.
  • A renewable energy company in an arbitration in a claim for over USD8.4 million against a Ghanaian company for breach of contract.
  • The Government of Ghana in international arbitration proceedings brought against it by Balkan Energy Ghana Limited in respect of an agreement involving the rehabilitation of and supply of power from a barge. This matter generated a landmark case dealing with the question of parliamentary approval for international business transactions involving the Government.
  • The Government of Ghana in international arbitration proceedings brought by it against Côte d’Ivoire pursuant to Part XV of the United Nations Convention on the Law of the Sea before the Special Chamber of the International Tribunal for the Law of the Sea (ITLOS), in accordance with Article 15(2) of the Statute of the Tribunal.

Mobile money in Africa: Access, regulations and risks

This article discusses how mobile money in Africa has opened access to the previously unbanked, and looks at the role regulators are playing to mitigate the money laundering risks associated with mobile money.

The inadvertent rise of digital transactions in Zimbabwe

This article will trace the history of currency use in Zimbabwe, tracking Zimbabwe’s movement from relative monetary stabilization following independence, to its crippling hyperinflation, abandonment of the Zimbabwean dollar, adoption of a multi-currency system and ultimately how the evolution of the currency regime has led to the rise of fintech methods of transacting on the back of a cashless society’s desperate need to adapt to debilitating shortages of cash in the economy.