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Djibouti v. Doraleh Container and Others, Judgment of the United States District Court for the District of Columbia, February 17, 2023

17 Feb 2023
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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Judgment of the United States District Court for the District of Columbia
Document Details:
LISTED PARTICIPANTS
Judgment of the United States District Court for the District of Columbia
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
Respondent appointee
Tribunal/Panel chair
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Thomas F. Hogan
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, Djibouti Ports and Free Zone Authority, Port de Djibouti SA, Doraleh Container Terminal SA, DP World Djibouti FZCO, Dubai International Djibouti FZE
Country
United States
Print reporter
Document Summary
Judgment of the United States District Court for the District of Columbia
This summary note is machine-generated. Always consult the original materials.

Procedural Posture

This document is a Judgment issued by the United States District Court for the District of Columbia, entering judgment in favor of the Petitioner, Doraleh Container Terminal SA, and against the Respondent, the Republic of Djibouti. The Judgment formally executes the Court's prior Order and Memorandum Opinion entered on February 15, 2023, which granted the enforcement of two underlying arbitral awards.

Operative Directions and Relief

The Court ordered the enforcement of the Third Partial Final Award (dated March 29, 2019, and corrected on May 3, 2019) and the Fourth Partial Final Award (dated July 1, 2019). Pursuant to the Third Partial Final Award, the Court entered judgment against Djibouti for $87,947,236 in unpaid royalties and $385,700,000 for breach of exclusivity under the underlying Concession Agreement. The Court further awarded $44,959,608 in simple interest on the exclusivity breach, alongside specified amounts for legal fees and tribunal administration charges, which were converted from British Pounds to United States Dollars at applicable historical exchange rates.

Pursuant to the Fourth Partial Final Award, the Court entered judgment for $11,300,000 and $10,598,246 in compound interest on the unpaid royalties, alongside additional converted sums for legal fees and tribunal administrative costs. Finally, the Court directed that post-judgment interest shall accrue on the total judgment amount pursuant to 28 U.S.C. § 1961, commencing from the date of the entry of judgment.