(Aug 20): CK Hutchison Holdings Ltd commenced international arbitration proceedings against Panama, seeking more than US$1.5 billion (RM6.1 billion) in damages over the loss of its investments in two ports on the country’s strategic canal.

The move came after attempts to resolve the dispute with Panamanian authorities failed, the company said in a statement on Thursday. CK Hutchison said Panama breached an investment protection treaty through measures taken in 2025 and this year that culminated in the termination of its concessions and the takeover of the Balboa and Cristobal terminals.

CK Hutchison, founded by billionaire Li Ka-shing, said its board “strongly disagrees” with Panama’s actions and warned shareholders and potential investors to “exercise caution” when dealing in its shares or other securities.

The latest claim adds to a flurry of legal action initiated by the Hong Kong conglomerate over its loss of control in Panama. Unit Panama Ports Company launched separate international arbitration against the Central American country earlier this year, seeking at least US$2 billion over what it called the nation’s “illegal state takeover”. CK Hutchison is also pursuing arbitration in London against AP Moller-Maersk A/S over the facilities.

CK Hutchison’s shares rose as much as 2.4% in Hong Kong in Thursday trading. The stock has gained 32% this year amid the Li family’s efforts to accelerate asset sales and overhaul its empire. 

The dispute has become a geopolitical flashpoint in the intensifying rivalry between the US and China over trade and infrastructure. Beijing earlier warned Panama would pay a “heavy price” after the country annulled CK Hutchison’s contract to operate the ports following pressure from US President Donald Trump.

In February, Panamanian President José Raúl Mulino ordered the temporary occupation of the terminals after the country’s top court ruled against CK Hutchison’s concession.

The two ports had been included in CK Hutchison’s planned sale of 43 terminals worldwide for more than US$19 billion in cash. The deal has dragged on for more than a year amid setbacks, including Beijing’s anger over US investment firm BlackRock Inc’s role in the purchasing consortium. CK Hutchison subsequently invited Chinese state-owned companies into the group of buyers, which now includes China Cosco Shipping Corp and China Merchants Group. 

The parties are still waiting for clearer political signals before moving the sale ahead. The loss of the Panama terminals, however, is expected to have little impact on the broader agreement as the two facilities account for only about 4% of the deal’s value.

Countries have previously terminated concessions for private businesses to operate public infrastructure, with disputes in some cases resulting in compensation. Panama last year reclaimed land from a Chinese company after the firm failed to build a port on the site as required under a government concession.

In another case, Egypt’s Damietta Port Authority terminated a concession awarded to a private consortium to operate a container terminal in 2015. An international tribunal approved the consortium’s claim for damages in 2020. While Egypt’s top court later rejected the tribunal’s decision, the case was ultimately settled with a partial payout.

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