Securing an arbitral award is only half the battle—enforcing it is where the real challenge begins. For international companies and investors who have prevailed in arbitration, the next critical question is: “Can I actually recover my money in Ghana?”
The answer is yes—but it requires strategy, local expertise, and a deep understanding of Ghana’s legal environment.
At Clinton Consultancy, we help international clients enforce foreign and domestic arbitral awards in Ghana, guiding them through every legal, procedural, and practical step—from recognition to execution.
?? Ghana’s Legal Framework for Arbitral Award Enforcement
Ghana is a signatory to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958). This means foreign arbitral awards can be enforced in Ghana, provided they meet certain legal conditions.
Under Ghana’s:
- Arbitration Act, 2010 (Act 798) and
- Civil Procedure Rules,
courts may recognize and enforce both international and domestic awards—whether issued by ICSID, UNCITRAL, ICC, LCIA, or ad hoc tribunals.
? What You Need to Enforce an Award in Ghana
To successfully enforce an arbitral award, claimants must present:
- A duly authenticated copy of the award
- The original arbitration agreement (or certified copy)
- Proof that the award is final and binding
- Evidence that the award does not violate Ghana’s public policy
The process generally begins with an application to the High Court for registration and enforcement.
? Common Challenges You May Face
- Delays in court procedures and opposition from the award debtor
- Attempts to set aside enforcement based on alleged procedural defects
- State-related awards: enforcing against government entities may raise sovereign immunity or political considerations
- Asset discovery and recovery: identifying executable assets in Ghana can be complex
?? How Clinton Consultancy Can Help
At Clinton Consultancy, we act as your local enforcement counsel—strategically guiding you through Ghana’s legal system to ensure swift and successful outcomes.
? Award Registration & Recognition
- File and process award registration in Ghanaian courts
- Respond to challenges and objections from the award debtor
? Judicial Enforcement Strategy
- Secure court orders for asset seizure, bank account garnishment, or injunctive relief
- Liaise with bailiffs and enforcement officers
? Government/State Enforcement
- Navigate sovereign immunity issues where the award is against the Government of Ghana or state-owned entities
- Apply diplomatic and legal pressure for settlement
? Cross-Border Coordination
- Work with international counsel to manage multi-jurisdictional recovery
- Provide legal opinions for enforcement abroad
At Clinton Consultancy, our reputation is built on delivering results in high-stakes enforcement cases. We’ve successfully represented international clients in enforcing multi-million-dollar arbitral awards against both private corporations and state entities in Ghana. In one landmark case, we assisted a foreign investor in enforcing a complex mining-related award—navigating opposition tactics and securing recovery through strategic court orders and asset tracing. Our deep understanding of Ghana’s legal system, combined with our discreet yet firm advocacy, has made us the go-to firm for award enforcement and investor protection in Ghana.
? Call us: +233 (0)27 252 2695
? Email us: info@clintonconsultancy.com
? Is It Worth the Fight?
Yes—if you’re prepared. Enforcing arbitral awards in Ghana can be complex, but with the right local counsel and strategy, it is entirely achievable. Whether you’re recovering a contractual debt, investment claim, or state arbitration award, Clinton Consultancy is your trusted partner on the ground.
