TIESO GHANA LIMITED v. EUROGET DE-INVESTA SA

This Supreme Court appeal concerns a construction subcontract dispute between Tieso Ghana Ltd and Euroget De-Invest arising out of the 160-bed regional hospital project in Wa, governed by FIDIC Clauses 20.4–20.6. After Euroget refused to pay Tieso’s invoices and terminated the subcontract, the High Court ordered a joint quantity surveyor valuation. At Euroget’s request, the court referred the dispute to a Dispute Adjudication Board (DAB), which recommended payment aligning with the joint valuation. Euroget served a timely Notice of Dissatisfaction. Tieso sought leave under Order 64 of CI 47 to enter final judgment on the DAB decision. The High Court refused and referred the matter to international arbitration; the Court of Appeal affirmed. On further appeal, the Supreme Court held that the DAB is not an arbitral tribunal, that a DAB decision becomes final only absent a timely Notice of Dissatisfaction, and that referral to ICC arbitration per FIDIC’s stepwise mechanism was proper. The appeal was dismissed.