Cassius Mining successfully challenges arbitrator in $277million International Arbitration case against Ghana
Cassius Mining Ltd, through its wholly owned Ghanaian subsidiary, has successfully challenged the appointment of Professor Richard Oppong as Ghana’s party-appointed arbitrator in an ongoing international arbitration case.
The case, which involves claims of approximately US$277 million in damages for alleged breaches of contract and statute by the Government of Ghana, is the latest development in the arbitration proceedings.
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The challenge, filed on October 23, 2024, was based on concerns over Prof. Oppong’s independence and impartiality. The grounds for the challenge were that Prof. Oppong had been nominated to the Supreme Court of Ghana and failed to disclose this nomination, raising “reasonable doubts” about his impartiality.
Ghana contested the challenge, and the parties exchanged submissions on its admissibility and merits.
Although Prof. Oppong recused himself from deciding on the challenge, he initially declined to resign from the Tribunal. However, on 17 January 2025, the remaining Tribunal members found that Cassius’s challenge was both justified and admissible.
They noted that the “overall circumstances relied upon by [Cassius] in support of its Challenge do ‘give rise to reasonable cause to doubt as to the arbitrator’s independence or impartiality.’”
In response to the Tribunal’s invitation to step aside voluntarily, Prof. Oppong agreed to resign, with the Tribunal subsequently inviting the parties to confer on the procedure and timelines for appointing a replacement arbitrator.
The Chairman and Chief Executive Officer of Cassius Mining Ltd, James Arkoudis, commented in a statement, “The resignation of Prof. Oppong is a significant step in maintaining the integrity of the Arbitral proceedings, and we welcome Prof. Oppong’s offer to resign as a Tribunal member.”
The arbitration case stems from a Memorial filed by Cassius on December 23, 2024, outlining claims supported by witness statements and expert reports. The company is seeking damages of approximately US$277 million for what it alleges are breaches of contract and statutory obligations by Ghana.
Cassius and its legal counsel are now considering the next steps, including the appointment of a replacement arbitrator and the potential implications of the successful challenge for the case.