DP World has taken a swoop on the Government of Djibouti accusing it of not recognizing the international rule of law.
A statement by the organization weekend said that its position on Djibouti was informed by a statement issued on Saturday by the Djiboutian government to the effect that it did not acknowledge the decision of the London Court of International Arbitration on Doraleh Container Terminal concession contract.
The statement averred that the Court’s decision upholding the continuing validity of the concession was based on recognized principles of international law and was internationally binding both on the Djibouti government and so far as third parties were concerned.
It reads in part,” As the Court has held, Djibouti does not have sovereignty over a contract governed by English law. It is well established that, in the absence of an express term to that effect, an English law contract cannot be unilaterally terminated at will. The contract therefore remains in full force and effect.
“The Djibouti government’s repeated statements that the port concession has proved contrary to the fundamental interests of the Republic of Djibouti do not bear scrutiny. As the Court’s decision records, the government’s own representatives have given evidence that the port has been “a great success for Djibouti”.
“The terms of the concession have also been held in two previous cases brought by the Government itself to have been “even handed and fair”. In light of that indisputable success, and the fair and reasonable terms of the concession, the government’s attempts to terminate it cannot have anything to do with the fundamental interests of the people of Djibouti”.
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