On January 26, 2021, Trafigura received a favourable final award in arbitral proceedings held in England against the Government of Ghana. The award, amounting to approximately $140 million, stemmed from a written agreement involving the installation and operation of two power plants. Ghana, however, unlawfully terminated the agreement before its terms were fulfilled.
On November 4, 2021, the Court granted Trafigura permission to enforce the award, treating it akin to a judgment from the High Court. The termination of the deal by the government in 2017 was based on the Attorney General’s advice, citing concerns about high tariffs that would have cost the state $115,480,000 if implemented.
Additionally, the termination was attributed to alleged illegality, including the lack of capacity of [GPGC] to enter into a Power Purchase Agreement (PPA), failure to obtain necessary permits, installation of used equipment against the policy, and non-fulfillment of certain conditions by GPGC, among other reasons.
SLIDE 1: The award
SLIDE 2: Recent development
SLIDE 3: What happened?
SLIDE 4: What happened?
SLIDE 5: What was the AG’s advice?
SLIDE 6: Basis for contract termination
SLIDE 7: What the contract said about unlawful termination
