
CK Hutchison seeks $1.5B+ in compensation for Panama's seizure of its Balboa and Cristóbal port concessions, alleging violations of an investment treaty and a state-led campaign against its operations.
CK Hutchison said it has started international arbitration against Panama, seeking more than $1.5 billion in compensation over the loss of its port concessions at the Panama Canal. The Hong Kong conglomerate said Panama's actions, including a Supreme Court ruling in January that voided its contract to run the Balboa and Cristóbal terminals, amounted to a “campaign of state attacks” that destroyed its investment.
The company said it had operated the ports for 30 years through its subsidiary, Panama Ports Company. Panama forcibly took control of the terminals in February, seizing equipment, technology and protected materials, CK Hutchison said in a statement. The company had invested more than $1.8 billion in infrastructure at the two facilities over the life of the concession.
President José Raúl Mulino's administration rejected the claims. The government said it had prepared a phased transition plan more than a year in advance, working with international port experts and temporarily handing operations to Maersk to keep the canal running. Panama cited national sovereignty and the rule of law in defending its actions.
CK Hutchison said it notified Panama of the dispute under an investment protection treaty but that the government had made no effort to resolve it. The company described a pattern of investigations without due process and a challenge to the constitutionality of Panama's own contract law. The Supreme Court ruled the concession unconstitutional after what it called “extensive deliberation.”
The arbitration is the latest escalation in a fight over control of one of the world's busiest trade routes. Panama Canal operations were not disrupted, but the legal battle puts a question mark over foreign investment protections in the country.
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