• 2018 August 2 17:06

    London Court of International Arbitration finds the Djiboutian Government’s seizure of Doraleh Terminal illegal

     

    An Arbitral Tribunal of the London Court of International Arbitration (“LCIA”) today confirmed the illegitimacy of the Government of Djibouti’s action of seizing control of the Doraleh Container Terminal from DP World, the company said in its press release. The LCIA Tribunal has ruled that Doraleh Container Terminal’s Concession Agreement “remains valid and binding notwithstanding Law 202 and the 2018 Decrees”. Law 202 and the referenced decrees were devices enacted by Djibouti to seek to evade Djibouti’s contractual obligations, and these have been found to be ineffective in law. DP World will now reflect on the ruling and review its options.

    On 22 February 2018, the Government illegally seized control of the Doraleh Container Terminal from DP World, who designed, built and operated the terminal following a concession awarded in 2006. The Terminal is the largest employer and biggest source of revenue in the country, has operated at a profit every year since it opened, and has been found to have been a “great success” for Djibouti under DP World’s management.

    The illegal seizure of the Terminal followed the Government’s campaign to force DP World to renegotiate the terms of the concession. The Concession terms were found to be “fair and reasonable” in 2017 by another LCIA tribunal led by Lord Leonard Hoffmann, Peter Leaver QC and Sir Richard Aikens, all highly respected English jurists.

    Following the enactment of Law No. 202 in Djibouti, which purports to empower the Government to terminate its infrastructure agreements, DP World was compelled to commence a new arbitration in February 2018 seeking a declaration that the Concession Agreement was valid and binding on the Government. The Tribunal, comprised of Professor Zachary Douglas QC, has definitively confirmed that the Concession Agreement, which is governed by English law, remains binding and in force notwithstanding the Government’s purported termination of it under Law 202.

    DP World is a leading enabler of global trade and an integral part of the supply chain. It operates multiple yet related businesses – from marine and inland terminals, maritime services, logistics and ancillary services to technology-driven trade solutions.

    With a portfolio of 78 operating marine and inland terminals supported by over 50 related businesses in over 40 countries across six continents with a significant presence in both high-growth and mature markets, the company enjoys strong relationships with governments around the world, working in partnership to strengthen economies through investment in infrastructure and the implementation of smart trade solutions.

    DP World Doraleh (Djibouti) – facts at a glance
    Concession agreement signed in 2006
    Shareholding structure: 67% government of Djibouti and 33% DP World
    Quay length: 1,050 metres
    Number of berths: 3
    Annual capacity: 1.2 million TEU

    Built and operated by DP World, Doraleh Container Terminal (DCT), is widely recognised as the most advanced container terminal on the east coast of Africa, enabling safe, smooth and efficient movement of cargo in and out of the country. The terminal is Djibouti’s single biggest employer and is responsible for creating thousands of jobs – both directly and indirectly – for people in the local community

    Background
    2009: Official opening of Doraleh Container Terminal in the presence of The President of Djibouti Ismail Omar Guelleh, Sultan Ahmed bin Sulayem, Sheikh Ahmed Bin Mohammed bin Rashid Al Maktoum.
    The ceremony was attended by more than 400 local and foreign guests. President Guelleh’s statement on DP World and Dubai’s contribution to Djibouti’s growth: ''By constructing and inaugurating this terminal, the long-thought dream of the people of Djibouti has turned into a tangible reality thanks to support lent by Vice President and Prime Minister of the UAE and Ruler of Dubai H. H. Sheikh Mohammed bin Rashid Al Maktoum, for whom we harbour deep respect and gratitude.
    2000: DP World and the Djibouti Government establish a joint venture to operate the Port of Djibouti.
    The partnership leads to the joint venture building the nearby Doraleh Container Terminal.
    Stimulates the economy, supports trade, creates jobs.

    Doraleh has capacity to handle 1.2 million TEU (twenty-foot equivalent container units) annually, the largest and most modern terminal in East Africa. Its 18 metre draft and 1050 metre quay handle the largest ships in service, including 10- 15,000 TEU “Super-Post-Panamax” vessels. Capacity at the terminal is set to grow in line with market demand to around 3m TEU over time.
    Djiboutian trainees contribute to operations at the company’s other African terminals, such as Dakar, Senegal.
    Following the official opening, DP World Chairman launches the newest wing of the Kempinksi Djibouti Palace Hotel, a Nakheel Hotels project.
    Djibouti President and Sheikh Ahmed Bin Mohammed Bin Rashid Al Maktoum open a 16 km road linking Djibouti with the new terminal, donated by Sheikh Mohammed and named after him. The USD 21 million road has four lanes in both directions

    DP World Contribution to Djibouti’s Economy
    As a foreign investor that has invested millions of USD in the country, DP World has added greatly to the economy of Djibouti throughout the years.
    It has consistently contributed 12% to Djibouti GDP
    It has grown origin and destination cargo by 380% in the last 14 years
    It grew volumes over 70% in 2017 and was aiming for 80% in 2018




2019 November 22

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18:06 CMA CGM announces FAK rates from Asia to Red Sea
17:51 Another stage of quay modernisation completed at the Port of Gdansk
17:35 RINA signs an agreement with VRMedia to use Kiber system
17:24 RF Transport Ministry counts on 'regulatory guillotine’ to cancel overlapping and obsolete requirements
17:05 Royal IHC builds an integrated 550t reel lay system for Shanghai Salvage
16:35 Damen Oskarshamnsvarvet signs EPC contract with Swedish Coastguard
16:05 APM Terminals introduces industry-leading application monitoring solution
15:42 Igor Belousov, rescue ship of RF Navy's Pacific Fleet, to participate in Russian-Vietnamese exercise
15:40 Damen Road Ferry 6819 E3 launched at Damen Shipyards Galati
15:18 ESPO wins GREEN4SEA – EUROPORT Initiative Award for EcoPorts’ environmental standard
14:49 Moscow Basin IWW carried 1.4 million people and 26 million tonnes of cargo in navigation season of 2019
14:05 Singapore to host Asia Pacific Maritime conference (APM 2020) on March 18-20
13:43 Maritime experts gather for a discussion on Vietnam’s maritime future ahead of APM 2020
13:16 ASCO represented at “Caspian Ecology 2019” exhibition
12:50 New container ship added to FESCO fleet
12:24 International Chamber of Shipping opens China Liaison Office in Hong Kong
12:01 World Maritime University contributes to deep seabed mining discussions
11:37 RS Rules Update: new approval scheme for marine equipment
11:08 GTT Training installs its G-Sim LNG Carrier and Fuel Gas Handling and Bunkering Simulator in MTC Hamburg
10:59 Russia will support IMO Secretary-General Kitack Lim as a candidate for the next period
10:30 Bunker prices decrease at the port of Saint-Petersburg, Russia (graph)
10:08 Fincantieri starts dry dock works on “Ryndam” in Marghera
10:03 MABUX: Bunker market this morning, Nov 22
09:55 PortNews-TV launches regular video reviews of industry-related events
09:46 Brent Crude futures price is down 0.5% to $63.65, Light Sweet Crude – down 0.65% to $58.2
09:27 Baltic Dry Index is down to 1,255 points
09:08 Machulez KG coordinates the large scale logistics project at the port of Cuxhaven
08:11 Maersk Tankers is set to increase its managed fleet by 11 tankers

2019 November 21

18:01 Diana Shipping announces direct continuation of time charter contract for m/v Polymnia with Cargill
17:50 Freeport of Riga Authority and province of Corrientes sign Protocol of Agreement to facilitate growth of Riga and Corrientes ports
17:23 Training ship Perekop of RF Navy’s Baltic Fleet takes course from Sri Lanka to Sevastopol
17:00 Two Sendo Liners to be entering the port of Amsterdam emission-free by 2020
16:45 Severnaya Verf lays down fourth processing trawler of Project 170701 for Norebo Group
16:28 Star Bulk reports Q3 net profit of $5.8 million
16:00 MacGregor secures complete piggy-back hatch cover order from Fincantieri Bay Shipbuilding
15:46 Danfoss Editron appoints Erno Tenhunen as new Marine Director
15:31 ECOsubsea gains further foothold in major European ports to become benchmark for sustainable effective hull cleaning
15:17 Baltic Sea Ports Administration reports readiness of 6 line and 7 port icebreakers for winter navigation season
15:00 Chart Industries joins SEA\LNG coalition
14:38 Orolia Maritime unveils new PLB with Return Link System for 2020
14:21 Amsterdam, the Netherlands, to host 8th edition of ACI’s Ship Recycling Congress on 29-30 January 2020
14:09 Nexans to provide the 225 kV power export cables for one of the biggest offshore wind projects in France
13:50 Bunker market in the Far East ports of Russia sees mixed price movements (graph)
13:28 Singapore’s First Women in Shipping Summit to be held on 20-21 April 2020
13:27 Oldendorff Carriers signs agreement with MIT on ship design
13:09 ZIM posts Q3 2019 results
12:46 5th Singapore Maritime Technology Conference to be held on 21-23 April 2020
12:35 Proman Stena Bulk and GSI sign deal for new methanol tankers
12:09 Port of Zeebrugge and Yugo sign MOU for cooperation in Lingang Overseas Modern Industrial Park
11:57 Nobel Brothers Shipyard launches small refrigerating trawler of Project Т30В, Vympel
11:09 MOL to build Japan's 1st LNG-fueled ferries : Sunflower Kurenai and Sunflower Murasaki
10:43 DNG Energy to commence LNG bunkering operations from Algoa Bay next year
10:09 Fincantieri and Ponant sign an MOA for the construction of 2 new-generation cruise ships
09:51 Container throughput of port Hong Kong (China) down 6.2% to 15.27 million TEUs in Jan-Oct’2019
09:39 MABUX: Bunker market this morning, Nov 21
09:33 Brent Crude futures price is down 0.32% to $62.2, Light Sweet Crude – down 0.25% to $56.87
09:17 Baltic Dry Index is down to 1,260 points
08:29 Port of Hamburg cargo throughput grows 3.2 percent to 104 million tons in first three quarters of 2019

2019 November 20

18:10 FESCO provided transportation of nuclear submarines’ blocks and tanker from Kamchatka Territory to decommissioning site in Primorye