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CK Hutchison Files ICC Arbitration After Panama Voids Canal Port Concessions

The dispute shifts to ICC arbitrators in Paris, with Panama maintaining continuity through a temporary Maersk appointment.

Overview

  • Panama’s Supreme Court last week annulled the Panama Ports Company concession for Balboa and Cristóbal as unconstitutional, citing exclusive privileges and tax exemptions following a comptroller challenge that also alleged $1.2 billion in unpaid sums.
  • CK Hutchison said its unit has initiated proceedings under International Chamber of Commerce rules and is seeking damages over the loss of the long-running concession.
  • Panama moved to keep operations steady by tapping Maersk’s APM Terminals to run the two facilities on an interim basis until a new concession is arranged.
  • China condemned the ruling and warned Panama of a “heavy price,” U.S. officials welcomed the decision, and President José Raúl Mulino defended the judiciary’s independence.
  • Analysts say the arbitration could take years with uncertain enforcement, and the case puts CK Hutchison’s roughly $23 billion ports sale to a BlackRockMSC-led consortium under renewed scrutiny.