London Court of International Arbitration
(LCIA) has ordered the Republic of Djibouti to pay USD 385 million plus
interest for violating Doraleh Container Terminal’s (DCT) exclusivity rights.
(LCIA) has ordered the Republic of Djibouti to pay USD 385 million plus
interest for violating Doraleh Container Terminal’s (DCT) exclusivity rights.
As informed, the tribunal found that, by
developing new container port opportunities with China Merchants Holdings
International, a Hong-Kong based port operator, Djibouti had breached DCT’s
rights under the 2006 Concession Agreement to develop a container terminal at
Doraleh.
developing new container port opportunities with China Merchants Holdings
International, a Hong-Kong based port operator, Djibouti had breached DCT’s
rights under the 2006 Concession Agreement to develop a container terminal at
Doraleh.
Specifically, Djibouti breached DCT’s
exclusivity over all container handling facilities in the territory of
Djibouti.
exclusivity over all container handling facilities in the territory of
Djibouti.
In February last year, Djibouti terminated the
concession of the container terminal which had been given in 2006 to DCT, a
company 33.34% controlled by Dubai-based port and terminal operator DP
World and 66.66% by Port de Djibouti.
concession of the container terminal which had been given in 2006 to DCT, a
company 33.34% controlled by Dubai-based port and terminal operator DP
World and 66.66% by Port de Djibouti.
Djibouti claimed that the agreement contained
“severe irregularities and threatened the national interest and sovereignty
of Djibouti.”
“severe irregularities and threatened the national interest and sovereignty
of Djibouti.”
The tribunal has now ruled that Djibouti
violated DCT’s exclusivity by developing container facilities at Doraleh
Multipurpose Terminal, with further damages possible if Djibouti develops
Doraleh International Container Terminal (DICT), a planned container terminal,
with any other operator without the consent of DP World.
violated DCT’s exclusivity by developing container facilities at Doraleh
Multipurpose Terminal, with further damages possible if Djibouti develops
Doraleh International Container Terminal (DICT), a planned container terminal,
with any other operator without the consent of DP World.
The tribunal found that “in respect
of the development of the Djibouti Multipurpose Port (DMP) facility, the facts
are clear. At no stage before the decision was made to go ahead with that
facility with China Merchants did … Djibouti … offer … DCT … the right to
develop the proposed container facilities at the DMP. Djibouti was therefore in
breach of clause 3.6.3 of the [Concession Agreement].”
of the development of the Djibouti Multipurpose Port (DMP) facility, the facts
are clear. At no stage before the decision was made to go ahead with that
facility with China Merchants did … Djibouti … offer … DCT … the right to
develop the proposed container facilities at the DMP. Djibouti was therefore in
breach of clause 3.6.3 of the [Concession Agreement].”
China Merchants also operates a USD 3.5
billion free trade zone it developed pursuant to an agreement with Djibouti, in
contravention of DP World’s exclusive right to develop and operate such a free
zone under its own concession, which is the subject of other litigation
proceedings.
billion free trade zone it developed pursuant to an agreement with Djibouti, in
contravention of DP World’s exclusive right to develop and operate such a free
zone under its own concession, which is the subject of other litigation
proceedings.
The tribunal also ordered Djibouti to pay DCT
USD 148 million for historic non-payment of royalties for container traffic not
transferred to DCT once it became operational. Djibouti is also ordered to pay
DCT’s legal costs.
USD 148 million for historic non-payment of royalties for container traffic not
transferred to DCT once it became operational. Djibouti is also ordered to pay
DCT’s legal costs.
What is more, the tribunal recognizes that
the 2006 Concession Agreement remains valid and binding, as has also been confirmed by
another LCIA arbitration tribunal and the London courts.
the 2006 Concession Agreement remains valid and binding, as has also been confirmed by
another LCIA arbitration tribunal and the London courts.
This is the fifth substantial ruling in DCT
and DP World’s favor on disputes relating to the Doraleh terminal.
and DP World’s favor on disputes relating to the Doraleh terminal.
“DCT and DP World continue to seek to uphold
their legal rights in a number of legal fora, following Djibouti’s unlawful
efforts to expel DP World from Djibouti and transfer the port operation to
Chinese interests. Litigation against China Merchants also continues before the
Hong Kong courts,” the statement issued
on behalf of Government of Dubai reads.
their legal rights in a number of legal fora, following Djibouti’s unlawful
efforts to expel DP World from Djibouti and transfer the port operation to
Chinese interests. Litigation against China Merchants also continues before the
Hong Kong courts,” the statement issued
on behalf of Government of Dubai reads.
World Maritime News.
