Procedural Posture

This document is a Petition to Enforce Arbitral Award filed by GPGC Limited against the Government of the Republic of Ghana in the United States District Court for the District of Columbia. The Petitioner seeks the recognition and confirmation of a final arbitral award rendered on January 26, 2021, pursuant to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention) and Chapter 2 of the Federal Arbitration Act (FAA).

Factual and Arbitral Background

The underlying dispute arose from an Emergency Purchase Agreement (EPA) executed in 2015, under which GPGC agreed to relocate, install, and operate two gas turbine power plants to alleviate Ghana's energy crisis. Following a change in government, Ghana repudiated the EPA in 2018, prompting GPGC to commence ad hoc UNCITRAL arbitration seated in London. The arbitral tribunal found that Ghana had breached its contractual obligations, notably by failing to provide unimpeded site access and necessary tax exemptions. The tribunal awarded GPGC an Early Termination Payment of over USD 134 million, plus interest and costs. Ghana subsequently sought to challenge the award in the English High Court of Justice, which dismissed the application upon finding the proposed grounds for challenge intrinsically weak.

Legal Arguments for Enforcement

In the present petition, GPGC asserts that the District Court possesses subject matter jurisdiction under 28 U.S.C. § 1330(a) and 9 U.S.C. § 203. The Petitioner contends that Ghana is precluded from asserting sovereign immunity due to an express waiver within the EPA and the arbitral enforcement exception of the Foreign Sovereign Immunities Act (FSIA), 28 U.S.C. § 1605(a)(6). Furthermore, GPGC argues that confirmation is mandatory under the FAA, as none of the narrow grounds for refusal under Article V of the New York Convention apply. Specifically, GPGC preemptively addresses and dismisses potential defenses regarding the validity of the arbitration agreement, procedural fairness, and public policy, noting that Ghana's prior attempts to litigate these issues were rejected by the supervisory court.

Relief Sought

The Petitioner requests that the Court grant the petition, recognize and confirm the arbitral award in its entirety, and enter judgment against Ghana in the amount of USD 128,657,880.98 (accounting for partial payments made by Ghana). Additionally, GPGC seeks post-judgment interest at the statutory rate prescribed by 28 U.S.C. § 1961, alongside recoverable fees and costs.