DP World, one of the world’s largest ports operators, has won the latest court battle in a string of court rulings as it continues to defends its rights as shareholder and concessionaire of Djibouti’s Doraleh Container Terminal.
The Court of Appeal of Hong Kong has dismissed the latest request by China Merchants Port Holdings that sought permission to file a second appeal against the court’s previous decision, DP World said on Tuesday.
China Merchants had argued that its case should be heard by courts in Djibouti, despite Hong Kong being its home jurisdiction.
The High Court of Hong Kong agreed with DP World’s argument 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 company said.
The Dubai-based port operator and its joint venture company Doraleh Container Terminal are bringing multi-billion dollar claims against China Merchants, alleging that it persuaded the government of Djibouti to expel DP World from the country and hand over the Doraleh terminal to China Merchants.
China Merchants investments in other ports and free zone projects in Djibouti, in alleged breach of DP World’s exclusivity rights, will also be examined, DP World said.
The Hong Kong court decision follows a ruling in January 2022 by the London Court of International Arbitration against Djibouti, awarding interim damages of $200 million for damages caused during the period starting February 2018 through to the end of 2020.
DP World and Djibouti have been locked in a dispute over the concession to operate the Doraleh Container Terminal, which is located in the Horn of Africa along major trade routes in the Red Sea.
In 2018, Djibouti seized the terminal from state-owned DP World. The Doraleh terminal is the largest employer and biggest source of revenue in Djibouti and has operated at a profit every year since it opened.
The Latest Hong Kong decision is the eighth by an international court or a tribunal in favour of DP World in its dispute with Djibouti. Total damages due to DP World now amount to $686.5m, plus accruing interest, while the concession itself remains legally in force, the company said.
The government of Djibouti has yet to comply with these rulings and remains in breach of its international obligations, said DP World.
Despite its continuing legal battle with Djibouti, DP World is keen to expand its footprint in Africa, a major growth market for the ports operator.
The operator grew its presence significantly across the African continent in recent years with investments in seaports, terminals and logistics services as it seeks to tap into lucrative trade routes in the region. Its existing investments in Africa include projects in Egypt, Algeria, Rwanda, Somaliland, Mozambique and Senegal, according to the company's website.
In July, DP World announced plans to buy South Africa's Imperial Logistics for $890m, further strengthening its footprint on the world's second largest continent.
Profile of Whizkey
Date founded: 04 November 2017
Founders: Abdulaziz AlBlooshi and Harsh Hirani
Based: Dubai, UAE
Number of employees: 10
Sector: AI, software
Cashflow: Dh2.5 Million
Funding stage: Series A
More from Rashmee Roshan Lall
Name: Peter Dicce
Title: Assistant dean of students and director of athletics
Favourite sport: soccer
Favourite team: Bayern Munich
Favourite player: Franz Beckenbauer
Favourite activity in Abu Dhabi: scuba diving in the Northern Emirates
Milestones on the road to union
1970
October 26: Bahrain withdraws from a proposal to create a federation of nine with the seven Trucial States and Qatar.
December: Ahmed Al Suwaidi visits New York to discuss potential UN membership.
1971
March 1: Alex Douglas Hume, Conservative foreign secretary confirms that Britain will leave the Gulf and “strongly supports” the creation of a Union of Arab Emirates.
July 12: Historic meeting at which Sheikh Zayed and Sheikh Rashid make a binding agreement to create what will become the UAE.
July 18: It is announced that the UAE will be formed from six emirates, with a proposed constitution signed. RAK is not yet part of the agreement.
August 6: The fifth anniversary of Sheikh Zayed becoming Ruler of Abu Dhabi, with official celebrations deferred until later in the year.
August 15: Bahrain becomes independent.
September 3: Qatar becomes independent.
November 23-25: Meeting with Sheikh Zayed and Sheikh Rashid and senior British officials to fix December 2 as date of creation of the UAE.
November 29: At 5.30pm Iranian forces seize the Greater and Lesser Tunbs by force.
November 30: Despite a power sharing agreement, Tehran takes full control of Abu Musa.
November 31: UK officials visit all six participating Emirates to formally end the Trucial States treaties
December 2: 11am, Dubai. New Supreme Council formally elects Sheikh Zayed as President. Treaty of Friendship signed with the UK. 11.30am. Flag raising ceremony at Union House and Al Manhal Palace in Abu Dhabi witnessed by Sheikh Khalifa, then Crown Prince of Abu Dhabi.
December 6: Arab League formally admits the UAE. The first British Ambassador presents his credentials to Sheikh Zayed.
December 9: UAE joins the United Nations.
Killing of Qassem Suleimani
Tips for job-seekers
- Do not submit your application through the Easy Apply button on LinkedIn. Employers receive between 600 and 800 replies for each job advert on the platform. If you are the right fit for a job, connect to a relevant person in the company on LinkedIn and send them a direct message.
- Make sure you are an exact fit for the job advertised. If you are an HR manager with five years’ experience in retail and the job requires a similar candidate with five years’ experience in consumer, you should apply. But if you have no experience in HR, do not apply for the job.
David Mackenzie, founder of recruitment agency Mackenzie Jones Middle East
Killing of Qassem Suleimani
BELGIUM%20SQUAD
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Mohammed bin Zayed Majlis
War 2
Director: Ayan Mukerji
Stars: Hrithik Roshan, NTR, Kiara Advani, Ashutosh Rana
Rating: 2/5
THREE
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