DP World and its joint venture company Doraleh Container Terminal have won the latest round of a multi-billion dollar battle. Photo: DP World
DP World and its joint venture company Doraleh Container Terminal have won the latest round of a multi-billion dollar battle. Photo: DP World
DP World and its joint venture company Doraleh Container Terminal have won the latest round of a multi-billion dollar battle. Photo: DP World
DP World and its joint venture company Doraleh Container Terminal have won the latest round of a multi-billion dollar battle. Photo: DP World

DP World wins another ruling in legal battle for Djibouti’s Doraleh Container Terminal


Sarmad Khan
  • English
  • Arabic

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.

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Specs
Engine: Electric motor generating 54.2kWh (Cooper SE and Aceman SE), 64.6kW (Countryman All4 SE)
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Your rights as an employee

The government has taken an increasingly tough line against companies that fail to pay employees on time. Three years ago, the Cabinet passed a decree allowing the government to halt the granting of work permits to companies with wage backlogs.

The new measures passed by the Cabinet in 2016 were an update to the Wage Protection System, which is in place to track whether a company pays its employees on time or not.

If wages are 10 days late, the new measures kick in and the company is alerted it is in breach of labour rules. If wages remain unpaid for a total of 16 days, the authorities can cancel work permits, effectively shutting off operations. Fines of up to Dh5,000 per unpaid employee follow after 60 days.

Despite those measures, late payments remain an issue, particularly in the construction sector. Smaller contractors, such as electrical, plumbing and fit-out businesses, often blame the bigger companies that hire them for wages being late.

The authorities have urged employees to report their companies at the labour ministry or Tawafuq service centres — there are 15 in Abu Dhabi.

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If you go

The flights Etihad (www.etihad.com) and Spice Jet (www.spicejet.com) fly direct from Abu Dhabi and Dubai to Pune respectively from Dh1,000 return including taxes. Pune airport is 90 minutes away by road. 

The hotels A stay at Atmantan Wellness Resort (www.atmantan.com) costs from Rs24,000 (Dh1,235) per night, including taxes, consultations, meals and a treatment package.
 

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Other workplace saving schemes
  • The UAE government announced a retirement savings plan for private and free zone sector employees in 2023.
  • Dubai’s savings retirement scheme for foreign employees working in the emirate’s government and public sector came into effect in 2022.
  • National Bonds unveiled a Golden Pension Scheme in 2022 to help private-sector foreign employees with their financial planning.
  • In April 2021, Hayah Insurance unveiled a workplace savings plan to help UAE employees save for their retirement.
  • Lunate, an Abu Dhabi-based investment manager, has launched a fund that will allow UAE private companies to offer employees investment returns on end-of-service benefits.

Hotel Silence
Auður Ava Ólafsdóttir
Pushkin Press

Updated: September 20, 2022, 10:18 AM`