Oodweyne

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

Recommended Posts

Oodweyne   

Hi Folks,

Now here is Djibouti's side of the argument. Which in turn means, as I predicted it, things will get from bad to worse. And in effect, each state (i.e., Djibouti and UAE) will do everything they can against each other in-order to "escalate" matters from here on out.

Hence, it will be matter of pure political "power", or which state has more of a "diplomatic strength" of their own right, or through its friends and partners, in-order to make the other party come to heel. 

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

DJIBOUTI REJECTS COURT RULING OVER DORALEH TERMINAL

January 16, 2020

The government of Djibouti says it will not accept a London Court of International Arbitration ruling that it should restore the Doraleh Container Terminal concession to DP World, which effectively leaves the matter in deadlock

image.png.3959246dee5b7a2f9902922f74a216cc.png By David Osler -  @finance_LL -  david.osler@informa.com

 

image.png.d7a68a0c193dd6da12f25f70f8d8b8d9.png

DORALEH: DP WORLD, WHICH BUILT THE PORT AND RAN IT FOR MORE THAN A DECADE FROM 2006, ESTIMATES ITS LOSSES AT MORE THAN $1BN

DJIBOUTI has rejected a London Court of International Arbitration ruling that DP World should be handed back control of Doraleh Container Terminal following the premature truncation of an operating concession, and says that it is only prepared to offer compensation instead.

The government’s stance leaves the matter effectively in deadlock, as the LCIA is not a court within the usual meaning of the term, and its decisions are extremely difficult to enforce if state parties are unwilling to abide by them.

DP World, which built the port and ran it for more than a decade from 2006, estimates its losses at more than $1bn. But Djibouti alleges both poor performance and irregularities in the original agreement in justifying its stance.

The LCIA has determined that Djibouti broke the law when it took control of the port and transferred assets to a state-run company in February 2018, and that the concession should be restored within two months.

“This ruling comes as no surprise,” Djibouti said in a statement released today. “It is merely the outcome of the iniquitous provisions of the concession, which could force a sovereign state to set aside and disregard its own national law, in order to revive a concession that was terminated on the grounds of the higher interest of the Djiboutian nation, and for the exclusive benefit of a foreign-owned company.”

The Republic of Djibouti did not take part in the arbitration and cannot accept such a ruling under any circumstances, it said.

International law allows sovereign states to terminate any contract for reasons of higher national interest subject to the payment of fair compensation, the statement also contends.

“As the Republic of Djibouti has consistently indicated since the termination of the concession, the only possible outcome is allocation of fair compensation in accordance with international law.

“The state of Djibouti remains, as it has done so from the outset of this process, willing to negotiate the terms of a mutually satisfactory solution, but cannot accept arbitrary ‘convictions’ that disregard the interests of the country and so-called ‘independent’ expertise that can in no way serve as a financial ‘basis’ for an agreement between the parties.”

The LCIA is a London-based international institution, founded in 1892, but not part of the English judicial system. In that respect, the ‘court’ element of its name is a misnomer.

In most instances, countries are able to enforce decisions through the Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958, commonly known as the New York Convention.

But while arbitration under London Maritime Arbitrators Association auspices can be appealed to the High Court, the LCIA only allows appeal on matters of jurisdiction or serious procedural issues, not on points of law.

Following the termination of the Doraleh concession, Djibouti has since opened a Chinese-backed $3.5bn free trade zone, in which China Merchants Group and Dalian Port Authority have an interest.

DP World subsequently sued China Merchants Port Holdings, accusing it of encouraging Djibouti’s government to breach the 2006 deal by backing rival ports.

*********

Source:-  https://lloydslist.maritimeintelligence.informa.com/LL1130675/Djibouti-rejects-court-ruling-over-Doraleh-terminal

Share this post


Link to post
Share on other sites
Ducale   

Ilma ingiriis-cadaw jabuuti burburkiina soo socda iyo dabadeedba wey jiri doonta. Nacala murtadiintaad tihiin ku yaale. Allah inuu idin jabiyo waa mid qoran oo idin laaban. 

 

Murtadkii Soolomodow ee Galol iyo fataaliintiisa masajidka shepherd's Bush ku dhuunta iyo gaalnimaad ku tolowdeen nacala ku yaal. 

 

Iskajira murtadiinta Disciples'ka Gaalka Soomaali ugu weyn ee Murtad Galol. Foostada gaaban ee murtadiinta sacad muuse ku daba tukadan  

MURTAADINTA BEESHA ISAQ WAA IN BANAANKA LOO SOO SAARA. MASAAJIDADA DADKA KULA DHUUMATAN, AMA ISKIIN BEYDUN UGA BIXI AMA SUJUUDA IN LA IDINKU BIREEYO WAX U DHEXEEYA MA JIRO. 

 

 

Share this post


Link to post
Share on other sites
Oodweyne   

Lool, some one is going crazy around here.In other words, nurse,.... nurse, quick, please, get the doctor, is all we can shout about when we see such spectacle in front of our eyes, really. 😁

Share this post


Link to post
Share on other sites
Ducale   
6 hours ago, Oodweyne said:

Lool, some one is going crazy around here.In other words, nurse,.... nurse, quick, please, get the doctor, is all we can shout about when we see such spectacle in front of our eyes, really. 😁

 

Crazy waa the next best thing.

Waa daarood iyo faqash shisheeye maadaamo aanad isticmaali karin (isaq isaq dhalay  weeye cida uga digeysa muslimiinta aad ku dheex dhuumatan. 

I can also read between the lines. If your nurse is running late, am sorry but xafaayadaha ma badalo. 

Share this post


Link to post
Share on other sites
Oodweyne   
1 hour ago, Ducale said:

Crazy waa the next best thing.

Waa daarood iyo faqash shisheeye maadaamo aanad isticmaali karin (isaq isaq dhalay  weeye cida uga digeysa muslimiinta aad ku dheex dhuumatan.

You really are exceptionally unhinged, my friend. When did you get like this? Wasn't there any dearest and nearest to you who could attend to your "condition" before you have started to get this level of "barking at the moon" sort of  bat-shit berserk? Pity, really.

For what we are having in you is just a tragic case of a man who went down in the rabbit-hole in so far down in it, that even professional care givers of the sort he will need will be really that put off about the enormity of the task they have in their hands by the time they get to you.

So sorry, dear ninny, but, I really think before you do any more of a lasting damage to yourself that you should seek urgent help of the sort you clearly are in need of right now, my friend. And that is really a brotherly advise, so don't take it any other way than the what it was intended to convey to you.  Good luck, my friend, you surely will need that. No doubt about that. 

Share this post


Link to post
Share on other sites
Oodweyne   
9 minutes ago, Dahireeto said:

Ducale is Faysal Warabe.

No, I am afraid. Not in a million years. He is essentially one of those guys who are "fond" of the idea of keep changing their "old user-name" endlessly just so that they get across here in SOL their clannish spleen in which they couldn't do it their old user-names.

And that is fine by me on the whole. Although, it just that it betokens, at least in my view, a rather "cowardly act" of a man who in turn doesn't have the "courage of his conviction". Hence, that is all he shows in here, really.  

Share this post


Link to post
Share on other sites

Next year this time, this issue will be off the internet screens in Djibouti's favor

UAE might find a senator or two that really need re-election support, but with Impeachments and election and really polirized USA, there will not be enough time for this small item.

Saudi Arabia is also on Djibouti's side on this. They do not want UAE around there anymore.

Add to that the Pentagon, the Chinese, Saudi Arabia, French, Japanese, British, Germans...soon India

.

Share this post


Link to post
Share on other sites
Oodweyne   

^^^

Well, that could be the case. It could also be the case that this thing will drag on indefinitely. And it will be doing it so through various stages of political and financial headaches of Djibouti and for IOG. So lets pick up this discussion in year-time, shall we. 

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Restore formatting

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.