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DP World vs Djibouti continues: Emirati-based port operator DP World has hit back and doubled down on its commitment to continue its legal wrangling over the operation of Doraleh Container Terminal (DCT) in Djibouti, Kenyan news outlet The Star reports, citing a DP World statement. “Such arbitration proceedings are ongoing. To date, the Government has not made any offer to compensate DP World,” the company said.
What’s the story? DP World has been embroiled in legal squabbling with Djibouti for five years as the Djiboutian government attempts to gain back control of the terminal, The Star writes. DP World holds a 33.3% stake in DCT which has operated Doraleh terminal since 2006. Djibouti seized control of the DCT in 2018, claiming the concession agreement had unfairly favored DP World, the news outlet adds, and last September transferred all shares held by the Port of Djibouti in DCT to itself.
The courts are ruling in DP’s favor: DP World says Djibouti’s acquisition of shares in Doraleh violates a recent High Court ruling, adding the concession agreement dictates that English law applies and any disputes will be determined and settled through binding arbitration in the London Court of International Arbitration (LCIA). The LCIA awarded the firm interim damages of USD 200 mn for damages between 23 February 2018 to 31 December 2020, the eighth decision by an international court or tribunal in favor of DP World in its ongoing dispute, a 2022 statement noted. Total damages due to DP World now amount to USD 686.5 mn plus accruing interest, while the concession agreement itself remains legally in force, the statement added.
The legal fight is wide: Separately, a Hong Kong court ruled in favor of DP World and DCT in a string of 2022 court rulings against China Merchants Port Holdings who allegedly compelled Djibouti to expel the Emirate port operator from the country, according to a statement.
