CMD cassius mining limited

Cassius Mining vs Ghana - Media Articles & Research, page-7

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    Once again just to clarify: there has been a lot of misleading commentary regarding the arbitration dispute between Cassius Mining and the Ghanaian government. The previous corrupt Ghanaian government claimed that because the arbitration tribunal has ruled that Ghana is the seat of arbitration, the Ghanaian courts have the power to overturn or block an international arbitration ruling. This is completely false.

    The International Court of Arbitration operates independently of any national court system. While the seat of arbitration determines which country’s laws apply to procedural matters, it does not give local courts the power to override or nullify an international tribunal’s decision.

    Key Facts:
    •Arbitration rulings are enforceable globally under the New York Convention, to which Ghana is a signatory.
    •If Ghana refuses to pay an award, Cassius Mining can enforce the ruling in other jurisdictions where Ghana holds assets.
    •Even if Ghana’s courts attempt to annul the ruling, international enforcement mechanisms still apply, meaning Ghana can’t escape financial consequences.

    This case highlights why international arbitration exists: to prevent local governments from influencing rulings in disputes involving foreign investors. No matter what Ghanaian officials claim, Ghanaian courts do not control or have jurisdiction over the International Court of Arbitration—and they cannot simply refuse to pay if a ruling goes against them.

    Anyone suggesting otherwise is ignoring how international arbitration works.


 
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