Hutchison Port Holdings (HPH), the port subsidiary of CK Hutchison Holdings (CKHH), has formally warned A.P. Moller – Maersk that any attempt by APM Terminals (APMT) or its subsidiaries to take over the management or operation of the ports of Balboa or Cristóbal without prior consent will cause damage to CKHH, HPH, and Panama Ports Company (PPC), and will lead to legal action against APMT and the involved entities.
According to the statement released by the company, the notification was sent on February 10, 2026. "Any step by APMT or any of its subsidiaries to take over the management or operation of the PPC ports in Balboa or Cristóbal, in any capacity and for any period of time without the agreement of CKHH, will cause damage to CKHH, HPH, and PPC and will result in legal resources against APMT and/or its involved subsidiaries," the text states.
The warning comes after the decision of the Supreme Court of Panama declaring unconstitutional the concession granted to Panama Ports Company for the management of container terminals in the ports of Balboa and Cristóbal, and after the state authorities designated APM Terminals to temporarily take charge of operations during the transition period.
APM Terminals had previously expressed its willingness to take over this operation, although it clarified at the time that "any operational entry to the terminal will be carried out in full compliance with all legal requirements and procedures established by law." The company added that this "can only take place once the ruling of the Supreme Court of Justice of Panama is final and binding, a timetable that is outside the company's control."
Shortly after the designation was known, PPC initiated arbitration against the Republic of Panama, alleging legal and contractual breaches. The company stated that it continues to manage the terminals of Balboa and Cristóbal, despite the state plans to transfer them to APM Terminals, and emphasized that the Supreme Court ruling has not yet been officially published nor has it come into effect.
In its latest update, CK Hutchison Holdings reported that it has formally raised a dispute with the Panamanian government under an investment protection treaty, aiming to safeguard its rights, and invited consultations to resolve the state actions affecting CKHH and its subsidiary PPC.
"CKHH believes that a determination seeking to declare unconstitutional Law No. 5 is illegal. Although such determination has not yet been published nor come into effect, the Panamanian State has taken steps towards a forced exit of PPC and a transition of the port sector, with no clarity on operational plans," the company indicated. CK Hutchison maintains that the Panamanian State "continues to push for a forced shutdown or takeover of PPC operations, causing greater disruption and harm."
The company noted that, if the publication of the ruling results in the termination of PPC's concession, "the immediate outcome would make it impossible for PPC to operate its terminals at the ports of Balboa and Cristóbal." Consequently, "the continuity of port operations depends exclusively on the actions of the Supreme Court of Panama and the Panamanian State, which are of course completely outside the control of CKHH, HPH, and PPC."
Nevertheless, CKHH stated that it remains committed to ensuring that PPC takes all reasonably available measures to protect employees involved in its operations, avoid interruptions in port activity, safeguard the interests of clients and suppliers, and facilitate the transit of ships and cargo through the Panama Canal, "as long as the actions of the Supreme Court of Panama and the Panamanian State allow it."
The company added that, along with the notification of the treaty and the arbitration filed by PPC on February 3, 2026 under the concession contract, it will continue to consult with its legal advisors on all available resources, including additional national and international procedures against the Republic of Panama and any third party that may be acting in concert.