So this is interesting.Apparently on 30-March, the Permanent Court of Arbitration in the Hague refused to constitute an arbitration panel for the hearing - due to a technicality around consent.It's been 3 months and the case is essentially stalled indefinitely awaiting CMD's next move against this massive legal stumbling block - no jurisdiction, then no tribunal, then no case.
Why have CMD not updated the market on this?
The 27- April update neglects to mention that they were formally notified by the PCA that no tribunal can been formed.
"Once a tribunal is constituted it will deal with the foreshadowed jurisdictional objections that Ghana is anticipated to make." .....my emphasisNone of the big litigation funders signed up despite CMD claiming they were in advance discussions since 2020.And they just did another CR.
No opinion - just curious.Sources:https://citinewsroom.com/2023/04/attorney-generals-objection-to-300m-mining-arbitration-against-ghana-upheld/https://norvanreports.com/ag-dame-succeeds-in-blocking-cassius-minings-300m-arbitration-case-against-ghana/
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