Cassius Mining Prevails in Challenging Arbitrator in $277 Million International Arbitration Case Against Ghana

Cassius Mining Ltd., through its wholly owned subsidiary in Ghana, has successfully challenged the appointment of Professor Richard Oppong as Ghana’s party-appointed arbitrator in a high-stakes international arbitration case. The case, which involves claims for approximately US$277 million in damages, arises from alleged breaches of contract and statutory obligations by the Government of Ghana. The challenge, filed on October 23, 2024, was based on concerns about Prof. Oppong’s independence and impartiality in the ongoing proceedings.

The issue at the heart of the challenge is that Prof. Oppong had been nominated to the Supreme Court of Ghana, a fact he did not disclose when appointed as the party arbitrator for Ghana. Cassius Mining argued that this undisclosed nomination raised “reasonable doubts” about his ability to be impartial in the case, which could impact the integrity of the arbitration process. Given the importance of independence and impartiality in arbitration, this concern prompted Cassius Mining to challenge his position.

Following the filing of the challenge, both parties exchanged submissions to address the admissibility and merits of the challenge. Ghana contested the move, but the Tribunal, after reviewing the case, made a critical decision. Although Prof. Oppong recused himself from making the final determination on the challenge, he initially declined to voluntarily step down from the Tribunal. However, after careful consideration, the remaining members of the Tribunal delivered their ruling on January 17, 2025, finding that Cassius Mining’s challenge was both valid and admissible.

The Tribunal concluded that the circumstances presented by Cassius gave “reasonable cause to doubt the arbitrator’s independence or impartiality.” This finding was crucial in ensuring the fairness and transparency of the arbitration process. As a result, the Tribunal extended an invitation for Prof. Oppong to step aside voluntarily, which he ultimately accepted. Following his resignation, the Tribunal moved to invite both parties to confer on the next steps, including the procedures and timelines for appointing a replacement arbitrator.

In a statement following the decision, James Arkoudis, Chairman and CEO of Cassius Mining Ltd., welcomed Prof. Oppong’s resignation. He described it as a significant step in maintaining the integrity of the arbitral proceedings, emphasizing that the company’s decision to challenge the appointment was aimed at ensuring a fair and impartial process. Arkoudis expressed appreciation for Prof. Oppong’s decision to voluntarily step down, noting that this development was in the best interest of the arbitration and its integrity.

The arbitration itself is part of an ongoing legal dispute between Cassius Mining and the Government of Ghana. The case stems from claims outlined by Cassius Mining in a Memorial filed on December 23, 2024, which outlines the company’s position on the breaches of contract and statutory obligations by Ghana. The company is seeking damages of approximately US$277 million, which it alleges were incurred as a result of the government’s actions that negatively affected its operations.

The claims in the Memorial are supported by a series of witness statements and expert reports that detail the extent of the damages and the alleged violations. Cassius Mining believes the breaches by the government are substantial and have had significant financial consequences for the company, which has been working to ensure that its interests are protected through this legal process. The arbitration is seen as a critical mechanism for resolving the dispute and obtaining the compensation it believes it is owed.

Now that the challenge to Prof. Oppong’s appointment has been resolved, Cassius Mining and its legal counsel are preparing for the next phase of the arbitration. This includes the process of appointing a replacement arbitrator to fill the vacancy left by Prof. Oppong’s resignation. The company is also evaluating the implications of this successful challenge for the case moving forward, including how it might impact the procedural timeline and the overall strategy for pursuing the claims against the Government of Ghana.

The challenge and its resolution highlight the importance of ensuring fairness, independence, and impartiality in international arbitration cases, particularly those involving significant financial stakes. With the Tribunal’s decision to accept Cassius Mining’s challenge, the case now continues under the revised arbitration panel, and the company will continue to pursue its claims for compensation from the Government of Ghana. As the arbitration progresses, both parties will closely follow developments to ensure that their interests are adequately represented and that the case proceeds in a fair and transparent manner.