• Login
NORVANREPORTS.COM |  Business News, Insurance, Taxation, Oil & Gas, Maritime News, Ghana, Africa, World
  • Home
  • News
    • General
    • Political
  • Economy
  • Business
    • Agribusiness
    • Aviation
    • Banking & Finance
    • Energy
    • Insurance
    • Manufacturing
    • Markets
    • Maritime
    • Real Estate
    • Tourism
    • Transport
  • Technology
    • Telecom
    • Cyber-security
    • Cryptocurrency
    • Tech-guide
    • Social Media
  • Features
    • Interviews
    • Opinions
  • Reports
    • Banking/Finance
    • Insurance
    • Budgets
    • GDP
    • Inflation
    • Central Bank
    • Sec/Gse
  • Lifestyle
    • Sports
    • Entertainment
    • Travel
    • Environment
    • Weather
  • NRTV
    • Audio
    • Video
No Result
View All Result
No Result
View All Result
NORVANREPORTS.COM |  Business News, Insurance, Taxation, Oil & Gas, Maritime News, Ghana, Africa, World
No Result
View All Result
Home Features

Independence or Illusion? The Appearance-of-Bias Question in E&P’s ICC Case

1 year ago
in Features, highlights, Home, home-news, latest News, Opinions
1 min read
0 0
0
157
VIEWS
Share on FacebookShare on TwitterShare on Linkedin

Independence or Illusion? The Appearance-of-Bias Question in E&P’s ICC Case

Engineers & Planners (E&P) has been battling through an ICC arbitration stemming from its 2024 deal for the Black Volta and Sankofa gold assets. In September 2025, social media buzzed when a commentator claimed E&P had filed a notice to withdraw its claims, an assertion that, whatever its legal nuance, instantly raised public curiosity about the tribunal and its conduct.

Public confidence in arbitration rests not only on the law but on optics. Here, the presiding arbitrator, Madam Funke Adekoya, recently delivered the keynote at a memorial lecture hosted by Bentsi-Enchill, Letsa & Ankomah—the Ghanaian firm that, alongside an international firm, represents the respondents. That appearance occurred while she chairs the very panel hearing E&P’s case.

Even if entirely innocent and permitted under applicable rules, the juxtaposition invites uncomfortable questions: does the event-host relationship risk an appearance of alignment, and could it make a reasonable outside observer wonder about subconscious tilt?

Compounding the unease is how keynote remarks were reported: that Ghanaian counsel ought to build international arbitration credentials by serving as co-counsel with “established international firms.” If reported accurately and in full context, this is a defensible capacity-building view. But within the narrow theatre of this case, where claimant’s counsel is a local firm and respondents have an international firm with Ghanaian co-counsel, the phrasing lands awkwardly. It can be read, however unfairly, as valorising one side’s model over the other’s. In sensitive, high-stakes proceedings, “the look” can matter as much as the letter.

The central question is not whether the chair is actually biased; it is whether a reasonable, fully-informed observer could apprehend a real possibility of bias. International best practice generally expects arbitrators to manage such risks proactively—disclosing potentially relevant relationships, avoiding non-essential public appearances with counsel mid-proceeding, and calibrating public remarks to prevent misinterpretation. That isn’t a verdict on this tribunal; it’s a reminder of the reputational tightrope arbitrators walk.

What should happen now? First, sunlight. If not already done, the chair can consider a targeted disclosure clarifying the circumstances, any prior relationships, and the independence safeguards in place. Second, parties should rely on the ICC’s established challenge and disclosure framework rather than trial-by-tweet. Third, the profession can use this episode to refine practical norms: during active appointments, avoid keynote roles at events hosted by counsel in those matters, or, where attendance is unavoidable, insist on neutral topics and prominent disclaimers.

RelatedPosts

Anglogold Ashanti Posts $927m Q3 Profit, Declares $361m Interim Dividend

IMF Endorses 2027 Budget Target as External Risks Persist

Economist Prof Peter Quartey Elected to Lead Ghana’s Petroleum Watchdog PIAC

Arbitration thrives on credibility. When it falters, even by appearance, parties lose faith, and awards invite collateral attacks.

The Ghanaian public, already primed by competing narratives around this transaction, deserves a process that looks and feels beyond reproach. Perhaps the tribunal has done everything by the book. But as every seasoned arbitrator knows, the book isn’t the only audience. Optics are part of justice, too.

Tags: Engineers & Planners (E&P)ICC arbitrationIndependence or Illusion? The Appearance-of-Bias Question in E&P’s ICC Case
No Result
View All Result

Who we are?

NORVANREPORTS.COM |  Business News, Insurance, Taxation, Oil & Gas, Maritime News, Ghana, Africa, World

NorvanReports is a unique data, business, and financial portal aimed at providing accurate, impartial reporting of business news on Ghana, Africa, and around the world from a truly independent reporting and analysis point of view.

© 2020 Norvanreports – credible news platform.
L: Hse #4 3rd Okle Link, Baatsonaa – Accra-Ghana T:+233-(0)26 451 1013 E: news@norvanreports.com info@norvanreports.com
All rights reserved we display professionalism at all stages of publications

No Result
View All Result
  • Home
  • Business
    • Agribusiness
    • Aviation
    • Energy
    • Insurance
    • Manufacturing
    • Real Estate
    • Maritime
    • Tourism
    • Transport
    • Banking & Finance
    • Trade
    • Markets
  • Economy
  • Reports
  • Technology
    • Cryptocurrency
    • Cyber-security
    • Social Media
    • Tech-guide
    • Telecom
  • Features
    • Interviews
    • Opinions
  • Lifestyle
    • Entertainment
    • Sports
    • Travel
    • Environment
    • Weather
  • NRTV
    • Audio
    • Video

Welcome Back!

Login to your account below

Forgotten Password?

Create New Account!

Fill the forms bellow to register

All fields are required. Log In

Retrieve your password

Please enter your username or email address to reset your password.

Log In
NORVANREPORTS.COM | Business News, Insurance, Taxation, Oil & Gas, Maritime News, Ghana, Africa, World
This website uses cookies. By continuing to use this website you are giving consent to cookies being used. Visit our Privacy and Cookie Policy.