Djibouti v. DP World and Doraleh

ORDERED that judgment is entered in favor of Petitioner Doraleh Container Terminal SA and against Respondent the Republic of Djibouti under the Third Partial Final Award (dated March 29, 2019, and as corrected on May 3, 2019) in the following amounts:

$87,947,236 for unpaid royalties due under Articles 7.1.1 and 7.1.2(i) of the Concession Agreement;

$385,700,000 for breach of exclusivity under Articles 3.6.2 and 3.6.3 of the Concession Agreement;

$44,959,608 in simple interest of 3% on the sum of $385,700,000 due for breach of exclusivity, for the period of March 29, 2019, to February 15, 2023;

$630,393.04 (£492,336.96 converted to USD at the applicable quarterly exchange rate of 0.781¹) for certain legal and professional fees incurred by DCT during the arbitration; and

$107,269.73 (£83,777.66 converted to USD at the same exchange rate of 0.781) for the arbitration tribunal's administration charges and fees related to the Third Partial Final Award.

ORDERED that judgment is entered in favor of Petitioner Doraleh Container Terminal SA and against Respondent the Republic of Djibouti under the Fourth Partial Final Award (dated July 1, 2019) in the following amounts

$11,300,000 in compound interest at 3% on the $87,947,236 sum due for unpaid royalties, compounded annually for the period up to and including April 11, 2019;

$10,598,246 in compound interest at 3% on the $87,947,236 sum due for unpaid royalties, compounded annually for the period from April 12, 2019, up to and including February 15, 2023;

$53,337.31 (£42,029.80 converted to USD at the applicable quarterly exchange rate of 0.788²) for certain legal fees; and

$12,738.72 (£10,038.11 converted to USD at the same exchange rate of 0.788) for the arbitration tribunal's administration charges and fees related to the Fourth Partial Final Award.

ORDERED that post‑judgment interest shall begin to accrue under 28 U.S.C. § 1961 from the date of the entry of judgment.

SO ORDERED.

Dated: February 17, 2023