Procedural Posture

This Memorandum Opinion, issued by the United States District Court for the District of Columbia, addresses a petition filed by GPGC Limited to recognize and enforce a foreign arbitral award against the Republic of Ghana. The underlying dispute arose from an Emergency Purchase Agreement (EPA) for the installation and operation of two gas-turbine power plants. Following Ghana's termination of the EPA, a London-seated UNCITRAL tribunal issued a Final Award in January 2021, finding that Ghana had wrongfully repudiated the contract and awarding GPGC early termination payments and costs. After Ghana made only partial payments, GPGC initiated the present enforcement action under Chapter 2 of the Federal Arbitration Act (FAA), which codifies the New York Convention. Ghana failed to appear, prompting GPGC to move for default judgment.

Jurisdiction and Sovereign Immunity

The Court first conducted a rigorous jurisdictional analysis, noting the heightened standard for default judgments against foreign sovereigns under the Foreign Sovereign Immunities Act (FSIA). The Court found subject-matter jurisdiction satisfied under two distinct FSIA exceptions. First, Ghana explicitly waived its sovereign immunity in Section 26(a) of the EPA. Second, the arbitration exception under 28 U.S.C. § 1605(a)(6) applied, as Ghana agreed to arbitrate, an award was issued, and the award is governed by the New York Convention. Personal jurisdiction was properly established through valid service of process under 28 U.S.C. § 1608(a)(3), effectuated via DHL delivery of the summons and petition to Ghana's Minister for Foreign Affairs and Regional Integration.

Enforcement Analysis

Turning to the merits of enforcement, the Court applied the highly deferential standard mandated by the New York Convention. With the threshold procedural requirements of Article IV satisfied, the Court noted that Ghana, having defaulted, failed to meet its burden of proving any of the grounds for refusal under Article V(1). Furthermore, the Court conducted a sua sponte review under Article V(2) and concluded that the commercial contract dispute was fully arbitrable under United States law and that enforcement of the Award presented no contravention of public policy.

Decision and Relief

The Court granted GPGC's motion for default judgment, confirming the arbitral award. The Court ordered Ghana to pay the outstanding balance of $111,493,828.92. Additionally, applying the presumption in favor of prejudgment interest for liquidated international arbitral awards, the Court awarded prejudgment interest at the contractually specified rates (six-month USD LIBOR plus 6% compounded monthly for the principal, and three-month USD LIBOR compounded quarterly for costs). Post-judgment interest was also awarded at the mandatory statutory rate prescribed by 28 U.S.C. § 1961(a).