How to Prepare for International Arbitration Against a State: The Ghanaian Context

By ClintonOur Publications

When foreign investors face a contract breach, expropriation, or regulatory interference by a host government, international arbitration is often the most effective route to justice. But preparing to take on a sovereign state—especially one like Ghana—requires strategy, expertise, and a clear legal framework.

At Clinton Consultancy, we help international clients prepare for investor-state arbitration involving the Government of Ghana, state-owned enterprises, and regulatory agencies—ensuring your investment is protected under both domestic law and international legal instruments.

?? Investor-State Arbitration: When and Why It Matters

Investor-state arbitration allows a foreign investor to bring a claim directly against a state when:

  • The state breaches an investment treaty (BIT)
  • The state violates a stabilization clause or contract
  • There’s unlawful expropriation without compensation
  • The investor is denied fair and equitable treatment

Key institutions handling such disputes include:

  • ICSID (International Centre for Settlement of Investment Disputes)
  • UNCITRAL Arbitration
  • ICC or LCIA arbitration clauses in direct contracts

Ghana is a signatory to both the ICSID Convention and the New York Convention, making it an attractive jurisdiction for investors—but preparation is everything.

? Key Steps to Prepare for Arbitration Against a State in Ghana

1. Review Your Investment Contract and Treaty Protections

  • Does your contract have an arbitration clause?
  • Are you protected under a bilateral investment treaty (BIT) or a trade agreement?
  • Which institution has jurisdiction (ICSID, UNCITRAL, ICC)?

2. Secure and Preserve Evidence

  • Collect all contractual correspondence, notices, licenses, and government communications
  • Document all attempts at resolving the issue locally

3. Understand Local Law and Sovereign Immunity Rules

  • Ghana’s State Proceedings Act has special notice requirements
  • Ensure the state has waived immunity in your contract
  • Identify if claims fall under Ghanaian law, international law, or both

4. Quantify Damages

  • Prepare a detailed damages model with expert input
  • Include lost profits, sunk costs, and future earnings projections

5. Choose the Right Legal Team

  • You need local legal insight plus international arbitration expertise
  • You’ll likely need cooperation between Ghana-based and foreign counsel

?? How Clinton Consultancy Supports You

We provide end-to-end support for international companies preparing for arbitration against the Government of Ghana or its agencies.

? Risk Assessment

  • Review your current contracts, licenses, and dispute clauses
  • Identify exposure points and treaty protections

? Pre-Arbitration Strategy

  • Draft official correspondence and notices of dispute
  • Engage government stakeholders before arbitration escalates

? Arbitration Representation

  • Work with international law firms on ICSID or UNCITRAL matters
  • Act as Ghana-based counsel with court and administrative access
  • Manage procedural filings, evidence collection, and local enforcement

? Post-Award Enforcement

  • Enforce arbitral awards under the New York Convention
  • Advise on recovery strategies, including asset tracing and compliance

? Call us: +233 (0)27 252 2695
? Email us: info@clintonconsultancy.com

? Why Ghana?

Ghana remains one of Africa’s most stable, democratic nations—but like any sovereign, its policies and obligations can shift. Smart investors take proactive legal steps, and when disputes arise, Clinton Consultancy is the firm international businesses trust to protect their position.