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Djibouti v. Doraleh Container and Others, Memorandum of Corrections to the Third Partial Final Award - the Respondents' Counterclaims, May 3, 2019

3 May 2019
Republic of Djibouti, Djibouti Ports and Free Zone Authority, and Port de Djibouti SA v. Doraleh Container Terminal SA, DP World Djibouti FZCO and Dubai International Djibouti FZE (I), LCIA No. 142732
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Memorandum of Corrections to the Third Partial Final Award - the Respondents' Counterclaims
Document Details:
LISTED PARTICIPANTS
Memorandum of Corrections to the Third Partial Final Award - the Respondents' Counterclaims
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Peter Leaver
Respondent appointee
Leonard Hubert Hoffmann
Tribunal/Panel chair
Richard Aikens
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Claimant's law firm
Respondent's counsel
Respondent's law firm
Other counsel
Claimant's expert
Claimant's expert firm
Respondent's expert
Respondent's expert firm
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Third-party funder
Entities
Djibouti Ports and Free Zone Authority, Port de Djibouti SA, Doraleh Container Terminal SA, DP World Djibouti FZCO, Dubai International Djibouti FZE, Djibouti, Quinn Emanuel Urquhart & Sullivan
Country
Print reporter
Document Summary
Memorandum of Corrections to the Third Partial Final Award - the Respondents' Counterclaims
This summary note is machine-generated. Always consult the original materials.

Procedural Background

This document is a Memorandum of Corrections to the Third Partial Final Award, issued on 3 May 2019 by a London Court of International Arbitration (LCIA) tribunal. Following the publication of the Third Partial Final Award on 29 March 2019, the Respondents submitted a written request on 12 April 2019 pursuant to Article 27 of the 1998 LCIA Rules. The Respondents sought the correction of a computational or clerical error within the operative section of the Award regarding the quantum of unpaid royalties.

Tribunal's Analysis and Decision

The Tribunal reviewed the Respondents' request and determined that a clerical error had indeed occurred in the drafting of the dispositive section. Specifically, the Tribunal noted that while paragraph 45 of the Award correctly concluded that the total unpaid royalties due to the Respondents amounted to US$ 87,947,236, paragraphs (3) and (4) of the operative part erroneously recorded this figure as US$ 148.8 million.

Finding the correction request justified under the LCIA Rules, the Tribunal formally amended paragraphs (3) and (4) of the operative part of the Award to replace the erroneous figure with the correct principal sum of US$ 87,947,236. The Tribunal further affirmed that compound interest at a rate of 3% per annum would accrue on this corrected sum, in accordance with its original findings on interest. The Tribunal ordered that this Memorandum of Corrections shall become part of the Award for all purposes, with all other aspects of the Third Partial Final Award remaining unchanged and in full force.