Tribunal orders Djibouti to pay DCT $385 million plus interest for breach of Doraleh Container Terminal SA (DCT)’s exclusivity.
DUBAI, United Arab Emirates, April 4, 2019 – Doraleh Container Terminal SA (DCT), a Djibouti port operator owned 33.34% by DP World Group, and 66.66% by Port de Djibouti S.A., an entity of the Republic of Djibouti, has been successful in the London Court of International Arbitration proceeding against the Republic of Djibouti. The Tribunal has found that by developing new container port opportunities with China Merchants Holdings International Co Limited (China Merchants), a Hong-Kong based port operator, Djibouti has breached DCT’s rights under its 2006 Concession Agreement to develop a container terminal at Doraleh, in Djibouti, specifically, its exclusivity over all container handling facilities in the territory of Djibouti.
The Tribunal ordered Djibouti to pay DCT $385 million plus interest for breach of DCT’s exclusivity by development of container facilities at Doraleh Multipurpose Terminal, with further damages possible if Djibouti develops a planned Doraleh International Container Terminal (DICT) with any other operator without the consent of DP World. The Tribunal found that “In respect of the development of the Djibouti Multipurpose Port (DMP) facility, the facts are clear. At no stage before the decision was made to go ahead with that facility with China Merchants did … Djibouti … offer … DCT … the right to develop the proposed container facilities at the DMP. Djibouti was therefore in breach of clause 3.6.3 of the [Concession Agreement]”. China Merchants also operates a $3.5 billion free trade zone it developed pursuant to an agreement with Djibouti, in contravention of DP World’s exclusive right to develop and operate such a free zone under its own concession, which is the subject of other litigation proceedings.
The Tribunal also ordered Djibouti to pay DCT $148 million for historic non-payment of royalties for container traffic not transferred to DCT once it became operational. Djibouti is also ordered to pay DCT’s legal costs.
The Tribunal’s Award recognises that the 2006 Concession Agreement remains valid and binding, as has also been confirmed by another LCIA arbitration tribunal and the London courts. This is the fifth substantial ruling in DCT and DP World’s favour on disputes relating to the Doraleh terminal. DCT and DP World continue to seek to uphold their legal rights in a number of legal fora, following Djibouti’s unlawful efforts to expel DP World from Djibouti and transfer the port operation to Chinese interests. Litigation against China Merchants also continues before the Hong Kong courts. DP World has previously issued public notices, following the confirmation of the validity of the 2006 Concession Agreement in a judgment in 2018, warning others against interfering with its and DCT’s concession rights.
“Do you have hands? Excellent. That’s a good start. Can you hold a pencil? Great. If you have a sketchbook, open it and start by making a line, a mark, wherever. Doodle” – Chris Riddell
President Pierre Nkurunziza is vein soul, a man whose so soft and weak, in such a manner that three school kids got arrested for doodling a little over a picture of him. The Head of State, His Excellency, the Commander-in-Chief and ruler of the Republic of Burundi.
Was not only offended, was not only hurt, but got so shocked and insulted by a little doodling on his picture in a class room by three school-girls at the age of 15,16 & 17 years old. That he got the arrested and detained for playing a little with some pencils/crayons on a picture of the President.
If doesn’t sound foolish, sounds like a bad joke, like a kiddish reaction to kids playing nothing does. That the Burundian authorities acts like this to send a message as preventative measure to tell the Republic what to do and not to do. Certainly, the President and his henchmen has gone overboard.
This is far from the worst acts of the sinister CNDD-FDD, whose either detain, kills or gets their enemies into exile. The CNDD-FDD are using violence, intimidation and the state apparatus combined with Imbonerkure, which controls and stops the ones who questions the authority or the legitimacy of it. They will hunt you down, get you violated and get rid of you, if they have too. That is just what the CNDD-FDD has done since 2015. There been countless of victims by this. Therefore, the arrests and sentencing of the three school-girls isn’t directly shocking, but more a stupid move. Showing the disgraceful state of affairs are happening in the Republic.
Pierre Nkurunziza, if he thinks this is the way to show authority and get respect. He is totally wrong. His state is showing no mercy, is showing no humility and certainly no grace. There is no justice in this, they cannot have violated any serious law or code of law, by doodling over the picture of the President. Except for mocking the President and his looks by penning over it.
If they had published it, if they had made a contest or even tried to make a mocking ceremony and officially introduced that. It might had been questionable, but still not serious. This was youths, doing what youth does, they do this over dinosaurs, plants, animals or whatever printed papers in-front of them. That is what they do. Maybe, Pierre haven’t any youths, playing with pencils and crayons all over it. They either make rainbows, unicorns or whatnot, whatever the imagine. In this instance just poking fun at their President.
That Pierre doesn’t understand that, the his henchmen, his YES-MEN and other around doesn’t that. Is beyond me. If that was to set an example. Than it was an example in being STOOOPID, sorry, Stupid.
This was not brilliant, was not wise or even seen as genuine, the judges are fools, tools of oppression over nothing. They didn’t do a crime or even set an example of criminal intent. They were kids doing kids stuff. If not, the state should stop printing pictures of the President. Since, he is holier than God and cannot be used crayons on. That is how DUMB this is.
President Nkurunziza is not the envy of the world. If he would be, he wouldn’t worry about some school-girls doodling over his picture and possible sentence them to 5 years in prison over it. That is just how insane his state is. The message he sends, is that he is a paranoid leader, who needs blind following like a cult-leader, who cannot be touched or done against, unless he let it happen. Surely, no one beats the team he plays, when he plays football. The same in this scenario.
The saddest part is that, this a re-occurrent issue, which several of other school-children and youths gotten in legal trouble for doing. There was plenty of cases on this in 2016 and it has been revamped this week. Where even two pupils from 2016, was detained as reported until 2018. However, I don’t know if they are still behind bars.
If it takes such a small measure to insult you as a Head of State. You shouldn’t be one. Your not that bright, not that great or not that holy, to not ever get insulted or offended by what people do. What people say, write or doodle. Sooner or later someone will do something, but if you don’t like it. You just pay it no mind and move-on to more important questions. Like how to get all regions food secure, how secure imports of vital products, how to get the economy stable for the 2020 elections and so on.
Not ensuring that three school-girls or youths are arrested for doodling. That is just silly, really really silly. Peace.