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Dutch law, not Ghanaian law, governs arbitration agreement
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Investor had sought $500 million, but receives only restitution after both sides are deemed in breach
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Wrongful arrest of a manager is also grounds for some compensation to claimant
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Constitutional interpretations are arbitrable, even under Ghanaian law (and notwithstanding constitution’s allocation of judicial powers)
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Competence-competence and separability to found the tribunal’s jurisdiction
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Tribunal disagrees with Supreme Court’s reasoning, holds the PPA valid
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No need to suspend the arbitration in deference to Ghanaian courts
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Supreme Court finds that the PPA was subject to parliamentary approval
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Claimant files for arbitration while Ghana seeks to stop the arbitration in domestic courts
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Both parties appear to favour arbitration, but Ghana later asks its High Court to restrain Balkan Energy’s arbitration claim
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Tribunal declines claimant’s request for an anti-suit injunction to restrain Ghana’s pursuit of local claims – but refuses halt its own proceedings in deference to local injunction
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