Oodweyne

Djibouti Once Again Lost The Legal Case Against The DP World In the International Court.

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Oodweyne   

 

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Talaado, Janaayo, 14, 2020 (HOL)- Shirkadda DP World ayaa ku guuleysatay wareeg kale oo sharci ah oo ka dhan ah dowladda Jabuuti oo ku aadan dekeda Doraleh.

Shirkada DP world oo ku guulaysatay dacwadii kala dhexeysay Jibuuti

Talaado, Janaayo, 14, 2020 (HOL)- Shirkadda DP World ayaa ku guuleysatay wareeg kale oo sharci ah oo ka dhan ah dowladda Jabuuti oo ku aadan dekeda Doraleh.

Maxkamaa Xallinta Khilaafaadka Caalamiga ah ee London ayaa ku amartay Jabuuti inay soo celiso xuquuqaha iyo faa'iidooyinka iyada oo la raacayo heshiiskii 2006 ee DP World iyo Shirkadda Doraleh ama labo bilood gudaheed ku bixiso magdhow.

Khabiir madax-bannaan ayaa ku qiyaasay khasaaraha shirkadda DP World in ka badan $ 1 bilyan.

Maxkamadda ayaa sheegtay in Jabuuti ay ku kacday arrin sharci darro ah markii ay si qasab ah uga saartay shirkadda DP World maarayntii dekeda Doraleh bishii Feberaayo 2018.

Shirkadda DP World ayaa hadda ka sugaysa Jabuuti inay u hogaansaanto xukunkii sharci ee ugu dambeeyay.

22-ka bisha Febraayo ee sanadkii hore 2018-ka ayaa shirkadda DP World si rasmi ah shaqada dekadda looga joojiyey, iyada oo maamulka dekadda Dooraale gacanta ku haysay tan iyo 2006-dii.

Abdiweli M. Sheikh, Hiiraan Online
abdiwali.sheikh@hiiraan.com

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Oodweyne   

Bleak Look in Cash Terms as Container Terminal Dispute Starts to Resemble Jarndyce v Jarndyce

Logistics Operator Wins Sixth Court Victory but Will Government Pay Up?

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DJIBOUTI – UK – DUBAI – If the court battle between DP World, the international ports and logistics operator, and the government of Djibouti over the Doraleh container terminal was a test match series, by now the latter's captain and selectors would have been dismissed, their supporters quit and quite possibly many fans suicidal.

This however, is not about a game of cricket. Having both formulated and signed a contract between them that any and all disputes be settled by the Court of Arbitration in London the government, which has just lost the sixth successive case against it, will probably continue to ignore this latest judgement, just as it has the previous five.

Regular readers may have followed the saga from its commencement in February 2017 when the Djiboutian authorities prosecuted DP World for misconduct, only to be soundly beaten and dressed down in Court, and left facing the ignominy of paying all associated costs, something they allegedly failed to do. A year later the Djiboutians ejected all DP World staff from the facility (those unfamiliar can just type Doraleh into our News Search box) and seized it for themselves.

The five subsequent cases have all been brought by the Dubai headquartered group but, despite every judgement in DP World's favour in the London Court of International Arbitration and the High Court of England and Wales, no staff have been allowed to return and no compensation or legal costs awarded have been forthcoming.

The Court ordered Djibouti to restore the rights and benefits under the 2006 Concession Agreement to DP World and Doraleh Container Terminal SA within two months, or pay damages and now an independent expert has estimated the losses to DP World at more than $1 billion.

The Doraleh Container Terminal is the largest employer and biggest source of revenue in the country and has operated at a profit every year since it opened. The Doraleh Container Terminal was found by an English Court to have been a ‘great success’ for Djibouti under DP World's management, but there are dark forces at work here and accusations are rife that the seizure was caused by Chinese involvement.

The Port of Djibouti is, at least partially, under the control of the China Merchants Group, a state owned company, and a major Chinese naval base is under construction alongside the port itself, much to the chagrin of the US, particularly the military and security services.

DP World says it now awaits proposals from Djibouti about how it intends to comply with the latest legal ruling. If Djibouti does not comply with the ruling, the Tribunal has stated it will proceed to issue an award of damages.

Photo: An artist’s impression of how the Port of Djibouti sees itself.

*************

Source:-  

 

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Oodweyne   

Hello Folks,

Now that the Court of International Arbitration (CIA), which is head-quarters in London, has ruled in the sixth (6) times, consecutively, all in favor of the DP World, and given that both parties (i.e., DP World and Djibouti) have agreed this court in London being "designated" as the court of final appeal in case of any dispute arising from the moment the deal was signed between the two entities (parties) back in 2006, what that actually means is that the DP World can now proceed to initiate an "act of State forfeiture" (or asset's confiscation) against the Djibouti's assets in any reputable bank that may hold the Djibouti's liquid assets. Including any verifiable liquid assets belonging to Mr Gheulleh, himself, if that is, he has any liquid assets (cash), which may have been already "squirrel" away in any EU or American's banks.

Moreover, once, the latest dead-line in which the Court of International Arbitration (CIA) gives to Djibouti to comply with their verdict expires, which is one month only anyway, will also mean that any State's assets owned by Djibouti, which in turn may be held in any bank in anywhere in the world is free to be pursued vigorously, or it's free to be chased after in all legal venues.

And in here all the political leadership of the UAE needs to do now is to basically and actually convince, politically, for Uncle Sam (US), particularly the US's Treasury Department, to help UAE to chase up all and any assets (of a liquid kind), which in turn may be held in "US's Dollars" in which Mr Ghuelleh may have deposited in any bank in the world,. And did so on behalf of his State or behalf of himself (like most corrupt African's tinpot dictators).

Hence, if that "political assistance" were to be forthcoming from Uncle Sam (US), then it's really a game over for any assets held, specifically, in US's Dollars, which in turn may be owned by the likes of Mr Ghuelleh or the State of Djibouti, in any bank in the world.

Lets see how Mr Ghuelleh escapes from this sheer hubris act of his, particularly in the sort of thinking that he can duly "signed" an international commercial deal with the likes of DP World, and then after only ten (10) years time later he can cleanly confiscate their "commercial assets". And do so in a nonchalantly manner or in a Scott-free sort of way. We shall see, I reckon, really. 

  • Haha - That was funny. You made me laugh! 1

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The Court ordered Djibouti to restore the rights and benefits under the 2006 Concession Agreement to DP World and Doraleh Container Terminal SA within two months, or pay damages and now an independent expert has estimated the losses to DP World at more than $1 billion.

Djibouti is toasted. This is what happens when you dance on snake's head. 

Djibouti is highly indept to China already. If China bails out, that means Djibouti will become the newest province of People's Republic of China. 

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Oodweyne   
2 hours ago, Suldaanka said:

Djibouti is toasted. This is what happens when you dance on snake's head. 

Djibouti is highly indept to China already. If China bails out, that means Djibouti will become the newest province of People's Republic of China. 

Suldaanka,

Indeed, Mr Ghuelleh, had actually mortgaged his tiny nation of Djibouti up to its gullies (as it were) to the Chinese. And more to the point, I have read somewhere, that, even if Djibouti consigned its nominal GDP in several years over (at least it was 25 years duration) to the Chinese, that, still will not be enough to pay back the debt accrued to Djibouti so far. Let alone paying the interest on that.

Furthermore, all this national debt was actually transacted in recent years through infrastructure spending spree done by China in Djibouti. And in returned for that, Djibouti took this enormous pile of debt on its sovereign books, just like Somalia did it during the heyday of Gen. Afweyne.

And of course, today's Somalia as well as tomorrow's Somalia, will be forever be involved in an endless debate and discussion as to how Somalia should be paying back its sovereign's creditors. Which is a same argument that will be waiting for Djibouti long after Mr Ghuelleh meets his maker. Although, it will Chinese banks and Chinese's entities who will be harassing and hurrying up those future leaders of Djibouti in-order to get back their bound of flesh in the form of billions of dollars of debt given to the then president Mr Ghuelleh of Djibouti by the Chinese's side.

And now, Mr Ghuelleh, has to worry about this court ruling in London and how deleterious it will be for him. Since from this point onward, the DP World, using the well-connected regime of the UAE, will be in a position to "activate" Uncle Sam (US) so that, at least the billion dollars that the court had ruled for DP World, could be "recovered" from tiny Djibouti.

So we shall see how nifty of a foot works, Mr Ghuelleh, dance around in here, just so that his national assets shouldn't be freeze, or gets to be confiscated like the manner the US's Treasury could do it easily, and have indeed done it to the likes of Iran, whenever the US wants to "confiscate" any money denominated in US's dollars. Given that any money of that kind, wherever in the world its held, has to be "registered" and has to be "clear" by US's Treasury and by US's Federal Bank, since its US currency. All in all, the omens are not looking good for the "Don of Djibouti" at the moment.

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Hahaha, really makes me laugh, Djibouti is a clear winner here, and no amount of belly dancing for these Arabs,will stop.

Long live IOG, Long Live Djibouti.

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Oodweyne   
12 minutes ago, maakhiri1 said:

Hahaha, really makes me laugh, Djibouti is a clear winner here, and no amount of belly dancing for these Arabs,will stop.

Long live IOG, Long Live Djibouti.

Cheap shot, really. But, then, again that is all you are really capable of doing it around here. Try to see if you could cobbled together a bit more of a coherent argument as to how you reckon that Djibouti is a "winner" in here.

And in particularly now that she is in a clear violation of internationally recognized court's ruling with power to make its ruling respected across the Anglo-Saxon world. See if you could try hard enough to "substantiate" your waffle in here, if only that is you could do it, mate. 

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7 minutes ago, Oodweyne said:

Cheap shot, really. But, then, again that is all you are really capable of doing it around here. Try to see if you could cobbled together a bit more of a coherent argument as to how you reckon that Djibouti is a "winner" in here.

And in particularly now that she is in a clear violation of internationally recognized court's ruling with power to make its ruling respected across the Anglo-Saxon world. See if you could try hard enough to "substantiate" your waffle in here, if only that is you could do it, mate. 

What will happen is Djibouti will be forced to pay for terminating contract, nothing more, Djibout having one of the best port in the world, still fully operation ,will pay, that is it, case closed, and the winner is still Djibouti.

BTW, I have known issues of the  horn since Igal was in SL, I even remember him protesting how IOG was treating SL, during Arta conference, anyway, what is the core issue? why you two can not get along?

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Oodweyne   
4 hours ago, maakhiri1 said:

What will happen is Djibouti will be forced to pay for terminating contract, nothing more, Djibout having one of the best port in the world, still fully operation ,will pay, that is it, case closed, and the winner is still Djibouti.

You keep on assuming that, IOG, can pay up to 1 billion dollars in an up front manner, when he, on the other hand, is up to his eye-balls with the Chinese debt. And this debts/loans has seen the payment of its interests alone being delayed regularly or being kept on in postponement by Djibouti for lack of fund to do so. Let alone talking about, IOG, being in a position to actually pay back the underlying value of the original debt or loans to China.

Read the financial news of Africa. For in there you will find out how even now that IOG is really struggling in paying up the consummated debts that are already on the books for Djibouti. Much less said about him being in a position to actually facilitate the payment of a new ones to the Arabs, which is what this court ruling is expecting him to honor.

Furthermore, as of now the Chinese are demanding a "hefty ownership" - not renting out from Djibouti as was the case previously but an outright ownership - of certain lucrative "national assets", as way of recouping some of their debt to the country. Which is why the Chinese's foreign minister was recently there in Djibouti talking to IOG about this precise issue and the "modalities" that can be employed, legally, in facilitating the needed "national assets transfer" from Djibouti's ownership into the hands of People Republic of China (PRC).

So unless you know this much about this issue, then I am not sure why would anyone should entertain the rest of your bogus aside about what is the alleged beef between Somaliland and Djibouti. Given that this thread is about how IOG has misplayed his political and financial hands in here with the DP World. Not what sort of differences there are between Somaliland and Djibouti in general or between Somaliland and IOG in particular. 

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gooni   

Jabuuti waa dawlad jirta, oo difaacan karta danaheeda dhaqaale iyo amnigeeda qowmiga ah, la mid maahan, daabiyad yaroo beelu dawlad ku sheegtay.

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Oodweyne   

^^^^

As usual, the cheaply blathering and creepily waffling Ina-Gumeed is right here. And he is here, vomiting as usual, his bile of sulfuric spleen at our expense in here of SOL. As if, really, that is something worthy of any news to us any more. Given that by now we are well acquainted with this sort of amateurishly goading attempt on his part, or even his forever failing trolling tactics.

Pity, really, For he is yet to learn how to actually construct a coherent argument other than to sully every argument in which he find himself in it with his fascistic tendencies of always "screaming" with tendentious praise of all the things that took place in late Gen. Afweyne's lamentable era.

And as for Djibouti, only time will tell us as to how they can "navigate" their way out of this "brewing legal brawl" in which they have been losing within it. And doing it so in a streak of non-ending sort of way, particularly in six (6) times in a row, at least up to now.

Finally, in so far as Somaliland is concern, far be it for me to "educate" all the ill-informed non-entities of the world, like this wretched Gooni fellow. But, still, I have to say that it will be really amiss on my part were I to forget to mention, at least in passing, that, Somaliland is very much a "legal State" of its own right and its own standing, regardless of what the international and the self-serving treaties that defined such things may in turn alleges for Somaliland to be.

But I am sure of it that this is not the time or the place to educate those who are irredeemably ill-informed about all sort of things in general and Somaliland in particular.

So I won't be wasting my breath in here. Least of all, some ninnies around here of SOL deserved no more than being treated with dismissive contempt than anything else that is seriously worthy of decent discussion on one's part. And in particularly, they deserved to be treated that sort of way since that is the "lowly station" in life in which they are only fit enough to be equal to, really.

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gooni   

Dr. oodweyne
Jabuuti maxkamadu dalkooda la wareegi mayso, waa dawlad calankeedu yaal qaramada midoobay oo sida loo kala gar baxo wax ka saxiixday.

Wixii xaq loogu yeesho way iska bixin waxay xaq u leeyihiina way qaadan.

Legal state afka laguma abuuro saaxiib.

Intuu farmaajo joogo koofiyado caaga iyo ciid la durjiyo sodon sano lagu dhici maayo hanti soomaaliyeed taas madaxaaga geli.

Here the truth 

 

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Oodweyne   

^^^

Lool, Farmaajo intuu joogo. What a contemptible little illiterate creature you must be. Saaxiib, you really don't deserved to be dignified with anything other than dismissive nod of the most cursory sort, really. So don't sweat too much with your trolling tactics. And, of course, if all fails you, then you could always take a running jump just to see whether that makes any blind bit of difference in here. But, still, all the same, please nigga, try another line.  

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Oodweyne, Suldaanka,

I understand that Djibouti and Somaliland are exactly like the French and English. Always knifing each other always snipping each other yet when push comes to shove they give in to each other or cheat other to friendship.

You two are also brethern just like the English and French. The English have Scottish and others that are different cattle of fish and Djibouti has Afar that are different cattle of fish.

The good thing is you are the only two Somalis that don't think of the gun first or second or third. That is an exception.

 

Regarding the ports issue between the arrogant bedewin mentality Arabs and the proud nomad DON:

Not much to jump about. Let alone the French (who hate the DON BTW) even the British will not enforce or pressure based on this London shenanigan. The DON has patience. In a few months time UAE will be struggling for dear life. This Iran Israel thing is not going away. The Turkish are also coming in full force. UAE and Saudis are on stampede now to Doha to reconcile.

DP world is small potatoes that can be ignored as Arabs kiss and make up.

 

 

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Oodweyne   

Old_Observer,

My friend, I know that you really are that much politically "invested" in IOG in particularly and in Djibouti in general, at least by and large. And since I am equally "invested", at least emotionally and in principle as well as politically, into Somaliland, then it will be rather churlish of me to "begrudge" another man's agenda. Or actually proceed to "disdain" his conviction of the political sort.

Hence, I shan't start that one in here now. However, having said all of that, I could, of course, easily say to you, that, DP World will keep on chasing the likes of IOG and Djibouti till they get their "bound of flesh" (as it were) from them. Which means this case is far from over. And in fact it's entering its crucial phase where who has a "political muscle" in the corridors of the western's world will be the "mark" that tells the differences. And therefore, if I were you, my friend, I really wouldn't rush to prejudge how this will pan out or will shake out.

Furthermore, the Geo-political picture in which you have "painted" for us is real and has some sort of a "purchase" in here, at least in-terms of how things will eventually unfold. But the "crucial point" is that, China or Turkey, will not be in a position to help IOG, if for some reason the likes of DP World and the UAE manage to "convinced" the currently impeached Trump's administration in Washington to carry forward their "water" for them. And hence, therefore, go after IOG and Djibouti on behalf of DP World and on behalf of UAE.

This is my contention in here, my friend, So we shall see how things will play itself out in the months to come, at least before the crucial November election of the USA. 

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