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Procedural Posture
GPGC Limited petitioned the Amsterdam Court of Appeal for leave to enforce an arbitral award dated January 26, 2021, rendered against the Republic of Ghana. The underlying dispute arose from the early termination of an Emergency Purchase Agreement, resulting in an award of approximately USD 134.3 million plus interest and costs in favor of GPGC. Ghana did not appear in the enforcement proceedings before the Dutch court.
Legal Issues and Court's Analysis
The principal legal issue concerned the formal requirements for enforcement under the 1958 New York Convention. Specifically, the Court examined whether GPGC’s inability to produce the original or a certified copy of the arbitration agreement, as stipulated by Article IV of the Convention, precluded enforcement. The Court adopted a pragmatic approach, holding that strict non-compliance with Article IV does not carry a mandatory sanction precluding enforcement where the existence and validity of the arbitration agreement are undisputed. The Court observed that Ghana had not contested the agreement during the arbitration, had made partial payments toward the award, and that the award had already been recognized and declared enforceable in England.
Decision
Having established its jurisdiction based on the identification of Ghanaian assets within the Amsterdam district, and finding no grounds for refusal under Article V(2) of the New York Convention regarding arbitrability or public policy, the Court granted the petition. The Court formally granted leave to enforce the arbitral award in the Netherlands and ordered Ghana to bear the costs of the proceedings.