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What we know about the Panama court decision as CK Hutchison launches an arbitration

Hong Kong-based CK Hutchison announced on Wednesday that its Panama Ports Company division has initiated international arbitration proceedings against Panama, after a Panamanian court annulled the company's licences to run two?Panama Canal port.

Panama's Supreme Court canceled last week CK Hutchison’s contract to run two Panama Canal Ports at the core of a $23 billion deal?to sale the Hong Kong conglomerate’s global port assets.

Court said that the contract of Panama Ports Company, a subsidiary of CK Hutchison, violated 'Panama’s 'constitution because it gave the company exclusive tax exemptions and privileges.

Analysts said that it is difficult to predict how long arbitration proceedings will last, but given the complexity and political sensitivity of the agreement, they could go on for many years.

What We Know:

CK Hutchison - controlled by Hong Kong’s richest man Li Ka -shing - announced a March 2025 sale covering 43 ports across 23 countries including two near Panama Canal - to a group headed by BlackRock, and Italian Gianluigi Aponte’s family-run MSC shipping company.

After Beijing criticized the deal, in July the conglomerate announced that it was in talks with a Chinese "major investor" to be included in the consortium.

Sources say that the Chinese investor was COSCO. It wanted a majority stake while others wanted it to be only a minor shareholder. This position became a sticking-point in the talks.

COSCO has not responded to a comment request.

CK Hutchison shares have fallen more than 8% in the time since the court's deciding, but they are still at their highest level since June 2021. Investors believed that the sale would bring in more than $19 billion cash for the company. It has risen by nearly 60% since it was announced.

TENSION BETWEEN CHINA AND THE UNITED STATES The deal created a new front of contention between the United States, and China as they fight for control over the world's major trade routes. CK Hutchison’s?Balboa? and Cristobal? ports are considered strategic assets for the?Panama Canal, which is the main seaborne trade route into the United States. Balboa lies at the Pacific entrance of the canal, while Cristobal lies at the Atlantic.

The canal is a vital part of the U.S. supply chain, as it accounts for more than 40%, or $270 billion, in annual container traffic.

Donald Trump at first welcomed the proposed sale of CK Hutchison to BlackRock and MSC. He said he wanted retaken control of this strategic waterway.

CK Hutchison was deemed a security threat to canal operations by American legislators.

John Moolenaar of the U.S. Select Committee on China called it a win for America'.

Beijing, in a sign of China's dismay, warned Panama on February 3 that it would have to pay "heavy" prices after the court ruled against CK Hutchison.

Hong Kong's Government said that it was strongly against any foreign government who used "coercive means" to harm the territory's interests.

What's at Stake and what Comes Next:

Although the two ports only account for 5% of Hutchison Port Holdings earnings before interest tax, depreciation, and amortization (EBITA), they are still very important.

Although it is not clear how the loss of Panama's ports will impact CK Hutchison’s global ports deal. Some analysts, such as JPMorgan and Citigroup said that parties would find it easier to reach an agreement if Panama was no longer in the picture.

A person who has direct knowledge of this transaction and spoke on condition of anonymity said that all parties are still in discussions regarding the sale of CK Hutchison’s ports.

Ports in Rotterdam, the Netherlands, Barcelona, Spain, Mexico, and the Bahamas are also included in the sale of strategic assets.

CK Hutchison’s China ports are important, but they are not included in the sale.

Another source familiar with the situation said that one option being discussed is to break up the portfolio so the three bidders can have stakes in separate ports.

CK Hutchison MSC and BlackRock have not responded to comment requests.

According to sources, it may take two years or more to overcome all regulatory obstacles. This is because of the many challenges involved. For example, obtaining approval from anti-competition authorities in over 50 jurisdictions. Reporting by Clare Jim in Hong Kong and Kane Wu, Scott Murdoch at Sydney; Editing done by Anne Marie Roantree & Clarence Fernandez

(source: Reuters)