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IN THE HIGH COURT OF JUSTICE

BUSINESS AND PROPERTY COURTS

OF ENGLAND AND WALES

COMMERCIAL COURT (QBD)

Claim No.

HIGH COURT OF JUSTICE

09 Jun 2021

BUSINESS & PROPERTY COURTS OF ENGLAND & WALES

CL-2021-000094

IN THE MATTER OF THE ARBITRATION ACT 1996

AND IN THE MATTER OF AN ARBITRATION, PCA CASE NO. 2019-05

BEFORE: THE HONOURABLE MR JUSTICE BUTCHER

DATE: 9 JUNE 2021

BETWEEN:

THE GOVERNMENT

OF THE REPUBLIC OF GHANA

Claimant

(Respondent in the Arbitration)

- and -

GPGC LIMITED

Defendant

(Claimant in the Arbitration)

ORDER

UPON a Final Award having been issued in PCA Case No. 2019-05 between the Claimant (Respondent in the Arbitration) (“GoG”) and the Defendant (Claimant in the Arbitration) (“GPGC”)

AND UPON the Order of Andrew Baker J dated 23 February 2021 extending the time for GoG to issue and serve any challenge to the Final Award until 8 March 2021 and requiring GoG to issue and serve any further application for an extension of time by 5 March 2021 (the “First Extension Order”)

AND UPON GoG’s Claim Form dated 1 April 2021 and GoG’s Application

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Notice dated 1 April 2021 seeking a further extension of time to challenge the Final Award (the “Second Extension Application”)

AND UPON GoG applying for relief against the implied sanction contained in the First Extension Order (the “Relief from Sanctions Application”)

AND UPON READING the First Witness Statement of Peter Flint dated 31 March 2021, the First Witness Statement of Gaëtan Verhoosel dated 16 April 2021, and the Second Witness Statement of Peter Flint dated 23 April 2021

AND UPON hearing Leading Counsel for GoG and Leading Counsel for GPGC

IT IS HEREBY ORDERED THAT:

  1. GoG’s Second Extension Application is dismissed.
  2. GoG’s Relief from Sanctions Application is refused.
  3. GoG shall pay GPGC’s costs of and occasioned by the Second Extension Application and the Relief from Sanctions Application, summarily assessed in the amount of £80,000 to be paid within 21 days.
  4. The Court’s Judgment dated 9 June 2021 shall be delivered in public in anonymised form.