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Commercial awardUnpaid

Befesa Desalination v. Ghana Water and Ghana

Teshie desalination plant

Headline amount
$235MIncluding interest
Respondent
GhanaState and state-owned entity
Awarded
Sep 17, 2026Two final awards (Ghana Water and the state guarantee)
Status
UnpaidNothing collected

Latest development Sep 23, 2026

Ghana’s Attorney-General said talks to buy the Teshie plant from Befesa had made significant progress.

The award

Amount awarded
About $235M net of taxes in termination payments, including pre-award interest to March 31, 2026, plus 58.4% of the claimants’ costs (two final awards)
Current estimate
Interest on the debt component runs from April 1, 2026 until payment. Cox says the same sums cannot be recovered twice under the two awards.
Award holder
Befesa Desalination Developments Ghana Ltd (95% owned by Spain’s Cox) and Standard Bank of South Africa Limited
Respondent
Ghana Water Company Limited and Republic of Ghana (state guarantee)
Forum
ICC Case Nos. 29029/CPB (Ghana Water) and 29030/CPB (Republic of Ghana, state guarantee) · Teshie Water Purchase Agreement

Challenges

None reported. The tribunal rejected Befesa’s separate claim of about $402M for unpaid water charges as not cumulative with the termination payments and largely dismissed Ghana Water’s counterclaims, including one for $144.5M.

Enforcement

None reported. Ghana’s Attorney-General said on September 23, 2026 that the government is negotiating to buy the plant from Befesa at a price “much lower” than the amounts sought in arbitration.

Recovered to date

None reported

Notes

Seat of arbitration not verified. No report found of a concluded purchase as of October 28, 2026.