Ghana arbitral tribunal rejects Tullow Ghana tax challenge

An arbitral tribunal has rejected a contractual challenge by Tullow Ghana Limited (TGL) against a USD 393.1 million tax and penalty assessment issued by the Republic of Ghana. The London-seated arbitration, conducted under the 2021 Rules of Arbitration of the International Chamber of Commerce (ICC), concluded with a final award on 22 September 2026.

The tribunal, presided over by Prof. Albert Jan van den Berg, distinguished between its jurisdiction to hear contractual disputes regarding taxation and its authority to review a tax authority’s specific assessments. While the tribunal acknowledged jurisdiction over the claims, it declined to reassess the Ghana Revenue Authority’s decision de novo. Instead, it applied a deferential approach to the authority's discretion and found no breach of the existing Petroleum Agreements.

TGL, a subsidiary of Tullow Oil plc, operated in Ghana under agreements concerning West Cape Three Points and Deepwater Tano, covering the Jubilee field. The ruling does not establish a general rule regarding the taxation of business-interruption insurance proceeds in Ghana.