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CK Hutchison initiates arbitration against Panama Canal Ports Contract ruling

Hong Kong-based CK Hutchison announced on Wednesday that its 'Panama Ports Company' unit had initiated international arbitration proceedings against Panama, after the country’s top court annulled their licences to run two Panama Canal port.

The Supreme Court of Panama ruled last week that the contracts were in violation of the constitution because they gave the company "exclusive privileges" and tax exemptions.

Analysts said that it is not clear how long arbitration proceedings will last, but given the political sensitivities between the U.S., China, and the complexity, they could go on for several years.

This is a good example of how international trade, geopolitics, and law are increasingly interconnected, said Jason Karas. He is a specialist in international disputes and the managing partner of Karas So LLP, which works with Mishcon De Reya.

The company's $23 billion plan to sell their port businesses and its decision to seek arbitration and to file for arbitration has been cast into doubt by the company.

In a Hong Kong Stock Exchange statement, CK Hutchison stated that "the board strongly disagrees" with the decision and corresponding action in Panama.

The group is still consulting with its legal counsel, and reserves the right to pursue additional legal actions at national and international levels.

The Panamanian Government did not respond immediately to a comment request.

Ja Ian Chong is an associate professor of Political Science at the National University of Singapore. He said: "International arbitration proceedings take about a year, and a state can choose to honor the arbitral decision.

"Panama could ignore CK Hutchison. I believe that's obvious to CK Hutch. He said that they probably wanted to show their shareholders that they were doing everything they could legally.

He added that the conglomerate might also want to show Beijing and Hong Kong government it is doing everything it can to avoid "blame" in China-U.S. tension.

Hang Seng Index fell 0.4%, while CK Hutchison shares rose 2% in early trading on Wednesday.

The Court's 'SHAMEFUL and PATHETIC" Decision

China warned Panama on Tuesday that it would pay "heavy" prices for the court decision, which was called "absurd", "shameful" and "pathetic".

On Wednesday, Panamanian President Jose Raul Mulino rebuffed Beijing's claim, saying that "Panama respects the Judicial branch which is independent of the central government" and is governed by law.

Mulino said that the Panamanian foreign ministry will issue a press release and take "corresponding decisions".

BlackRock and Mediterranean Shipping Company are leading a bid of $23 billion to buy out CK Hutchison 43 ports across 23 countries. BlackRock and MSC didn't immediately respond to an inquiry for comment.

After Beijing criticized the deal, in July the conglomerate announced that it was in discussions to include a Chinese "major investor" as a strategic partner in the consortium.

Sources say that the Chinese investor was COSCO. It wanted a majority stake while others preferred a minority shareholding. This position 'became a sticking-point in negotiations.

The future of the deal is unclear due to the court's ruling, but some analysts believe that the transaction can still be completed without including the two Panama Canal Ports in the "portfolio" of assets.

The deal could continue with the other ports. "The twist is that the deal could be easier to complete, now that the Panama Supreme Court has clarified the situation of the two major ports," said Winston Ma.

He said CK-Hutchison can use the arbitration process in order to obtain damages and compensation if the contracts are?annulled.

The deal has opened up a new front of contention between China and the United States, who are fighting for control over the most important trade routes in the world.

CK Hutchison Balboa & Cristobal Ports are strategic assets for the Panama Canal. The canal is the main seaborne trade route into the United States. Balboa lies at the Pacific entrance of the canal, while Cristobal is located at the Atlantic.

Some U.S. legislators welcomed the Panamanian court's decision as a "win" for America. Donald Trump, the president who originally celebrated the proposed sale of ports for $23 billion, now calls on the U.S. government to "take back the Panama Canal" in response to Chinese influence.

APM Terminals Panama (a subsidiary of Maersk) said Friday that it would be willing to temporarily operate the Balboa Terminal and Cristobal Terminal to avoid any negative impact on regional or global trade. Reporting by Clare Jim in Hong Kong, Kane Wu and Roushni Nai in Bengaluru. Writing by Scott Murdoch. Editing by Neil Fullick Stephen Coates Sonali Paul

(source: Reuters)