DP World wins latest judgement in HK court over Djibouti terminal
Total damages due to DP World now amount to $686mn plus interest while the concession itself remains legally in force.
The Court of Appeal of Hong Kong has dismissed the latest request by China Merchants Port Holdings seeking permission to file a second appeal before the Court of Final Appeal against its previous decision that DP World's suit against the company should be heard before Hong Kong Courts and not the courts of Djibouti.
"DP World and joint venture company Doraleh Container Terminal are bringing multi-billion dollar claims against China Merchants alleging that it induced the government of Djibouti to expel DP World from the country and hand over the Doraleh terminal to China Merchants," says a release from DP World. "China Merchants investments in other ports and free zone projects in Djibouti, in breach of DP World's exclusivity rights, will also be examined."
China Merchants, surprisingly, argued that the case should be heard by the Djibouti courts despite Hong Kong being its home jurisdiction, the release added. "The High Court of Hong Kong agreed with DP World's arguments that the case should proceed in Hong Kong and ordered China Merchants to pay its legal costs. The Court of Appeal dismissed an appeal against that decision, and has now refused to grant China Merchants permission to file a second appeal before the Court of Final Appeal."
The Hong Kong court ruling follows a ruling in January 2022 by the London Court of International Arbitration against the Republic of Djibouti, awarding interim damages of $200 million for damages caused over the period between February 23, 2018 to December 31, 2020. That was the eighth decision by an international court or tribunal in favour of DP World in its on-going dispute with the Republic of Djibouti, and total damages due to DP World now amount to $686.5 million plus accruing interest while the concession itself remains legally in force.
The Doraleh Container Terminal is the largest employer and biggest source of revenue in Djibouti and has operated at a profit every year since it opened, the release added.