Port of Chancay: MTC withdraws its lawsuit against a Chinese company for the exclusivity of the megaproject

Port of Chancay: MTC withdraws its lawsuit against a Chinese company for the exclusivity of the megaproject

The leader of the portfolio of the Ministry of Transport and Communications (TCM) Raúl Pérez Reyes confirmed this morning the withdrawal of the lawsuit filed before the Power of attorney that sought to declare void the exclusivity agreement in favor of the Chinese company Cosco Shipping about the services of the new Chancay Megaproject. “Today the attorney is withdrawing the request that we presented to the Judiciary because it no longer makes sense,” he told RPP.

With this decision, we seek to put an end to the million-dollar international arbitration in which the Chinese company initiated against the Peruvian State a few weeks ago. “Cosco Shipping is evaluating suspending the process and withdrawing the controversy presented a few weeks ago against the Peruvian State, while the MTC will withdraw the lawsuit,” Pérez Reyes commented.

As recalled, in March of this year, the Attorney General’s Office TCM sued before the Power of attorney that the exclusivity granted to Cosco over the port of Chancay be finalized. This request was made by National Port Authority (APN). In response, the Chinese company alleged that this provision affects the legal stability of investments.

On May 30, the Congress Plenary approved the modification in the Law of the National Port System, which specifies that “the owner of a private port for public use that has a port authorization can provide port services exclusively. Once the port authorization is granted, the competent Port Authority grants “exclusivity in the provision of essential port services that the owner of the private port has requested together with the port license. Said exclusivity is automatically approved.” With this modification in the legislation, the aim is to calm the tense relations between the Peruvian State and the company Cosco Shipping, which has exclusivity over the Chancay megaport.

Construction of the Chancay Megaport.  Photo: Andina.

Construction of the Chancay Megaport. Photo: Andina.

Cosco Shipping rules out that the Chancay megaport competes with Callao

According to Mario de las Casas, institutional manager of Cosco Shipping, the port of Chancay does not compete with that of Callao, since it fulfills the function of being a port designed to be the direct gateway to the countries of Asia, a task that the Callao cannot be carried out due to its current characteristics. Currently, local products that are headed to the Asian market must first leave Callao for North America (the United States or Mexico) and then continue their journey to their final destination in Asia.

According to De las Casas, companies that do not need to reach Asia will continue to use Peru’s main port and all its infrastructure, which will keep demand close to said terminal as it currently is. This differentiation of functions between the port of Chancay and that of Callao highlights the importance of each in the logistical and commercial context of the region.

“The port of Chancay does not compete with Callao. On the contrary, what it will generate is that Peru will take on a very strong logistical weight in the region, since we will have the port of Callao, Chancay and, in addition, the new Jorge Chávez airport,” commented De las Casas.

Source: Larepublica

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