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Peruvian government resolves dispute with Cosco over $1.3 billion port lease

Peruvian government resolves dispute with Cosco over $1.3 billion port lease

 


Just days before a high-profile meeting between Peru's president and Chinese President Xi Jinping, the Peruvian National Port Authority (NPA) abandoned a decision that had upset China's state-owned shipping company Cosco.

Two years ago, the APN granted Cosco Shipping an exclusive license to develop and manage a new multi-purpose port in Chancay, Peru. This $1.3 billion development represents a landmark maritime infrastructure project for South America and could connect Asian maritime interests to markets across the Andes and even as far as Brazil, potentially bypassing the Canal de Panama for certain cargoes. It is Cosco's highest-profile new project in the Americas in years, and is scheduled to open at the Asia-Pacific Economic Cooperation (APEC) summit in Peru next November – giving China a showpiece visual to show its growing influence in Central and South America.

In March 2024, when the port of Chancay was approximately 70% complete, the APN decided to make a substantial modification to Cosco's permit. The agency decided it never had the authority to grant Cosco an exclusive right to operate the seaport and asked a judge to overturn its earlier decision. The AFN said the lawsuit was only a correction of an “administrative error” and should not affect operations on the ground.

Cosco and its bankers reacted negatively to this news and Cosco sought to open negotiations with the NPC to resolve the issue. The shipping company warned that if the problem could not be resolved amicably, it could resort to international arbitration. Exclusive operator rights are the norm for build-operate-transfer port development contracts and are found in most Peruvian seaports.

https://finance.yahoo.com/news/1-perus-pm-says-china-170938527.html

Throughout the months-long conflict, Peruvian political leaders have stressed that they believe the problem will be resolved and the port will still open on time this year. With the help of the Peruvian Congress, they achieved this goal. In early June, Congress passed an amendment to Peru's national port system laws, giving the APN legal authority to formally grant Cosco exclusive operator rights. Peruvian President Dina Boluarte signed it on June 8.

On Monday, just four days before Boluarte's meeting with Chinese President Xi Jinping, NPC lawyers asked the judge to withdraw their request for an annulment. The agency's decision to drop the lawsuit permanently restores Cosco's right to operate Chancay on an exclusive basis.

Sources

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2/ https://maritime-executive.com/article/peru-s-government-resolves-dispute-with-cosco-over-1-3b-port-lease

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