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Photo: Bloomberg.com
A high-stakes battle over control of key ports flanking the Panama Canal is intensifying, with Hong Kong-based CK Hutchison Holdings warning it may take legal action against Danish shipping powerhouse A.P. Moller-Maersk if operations proceed without its consent.
What began as a commercial concession dispute has rapidly evolved into a geopolitical flashpoint between the United States and China, with Panama positioned at the center of a widening strategic confrontation.
In a sharply worded statement, CK Hutchison cautioned that any attempt by Maersk or its port subsidiary, APM Terminals, to assume operational control of the Balboa and Cristóbal ports without agreement could trigger formal legal proceedings.
The Hong Kong conglomerate has already initiated arbitration following a ruling by Panama’s Supreme Court declaring its long-held concession to operate the ports “unconstitutional.” In addition, the company has formally notified the Panamanian government of a dispute under a bilateral investment protection treaty, signaling its willingness to pursue both domestic and international remedies.
CK Hutchison has operated the two strategic terminals through its subsidiary, Panama Ports Company, since 1997. In 2021, the concession was extended for another 25 years, theoretically securing its position until 2047. The sudden judicial reversal has raised complex questions about contract enforceability, sovereign authority, and investor protections.
The company maintains that continued port operations now rest entirely on decisions made by the Panamanian state and judiciary—factors beyond its direct control.
The stakes are enormous. The Panama Canal connects the Atlantic and Pacific Oceans and remains one of the most vital arteries in global commerce. Roughly 14,000 ships transit the canal annually, representing about 5% of global maritime trade. For the United States, the waterway is even more critical: approximately 40% of U.S. container traffic passes through it each year.
Control over the ports at either end of the canal translates into significant leverage over shipping logistics, supply chain timing, and trade flows between Asia, the Americas, and Europe.
The canal was constructed in the early 20th century by the United States and remained under American control for decades before being fully transferred to Panama in 1999 under treaty obligations. Today, questions about influence over canal-linked infrastructure carry substantial geopolitical weight.
The dispute escalated after former U.S. President Donald Trump publicly alleged that China was effectively “running the Panama Canal,” placing renewed political pressure on Panama to limit Chinese-linked influence.
Amid that pressure, CK Hutchison negotiated a proposed $23 billion deal to sell its non-Chinese global port assets to a consortium led by BlackRock. Beijing criticized the move, accusing the firm of yielding to American pressure and effectively stalling the transaction.
Following the Panamanian Supreme Court’s ruling invalidating the port concession, Washington was widely seen as gaining ground in its broader effort to curb Chinese strategic influence in the Western Hemisphere.
Beijing responded forcefully. Chinese officials warned Panama that it could face serious political and economic consequences if it continues down its current path. Reports indicate that China has instructed certain state-owned enterprises to pause new project discussions in Panama and has encouraged shipping companies to evaluate alternative regional routes.
The dispute has also drawn attention to China’s expanding infrastructure footprint in Latin America, including the deep-water port of Chancay in Peru, developed by Chinese state-owned shipping giant COSCO Shipping. U.S. officials have expressed sovereignty concerns about that facility, arguing that critical infrastructure in the region could fall under excessive foreign control.
Investors are closely monitoring the fallout. Shares of A.P. Moller-Maersk fell more than 3% in Copenhagen trading following reports of the dispute, reflecting uncertainty over potential operational and legal exposure.
Maersk has stated that it is not a party to the legal disagreement and has merely offered to temporarily step in to maintain uninterrupted port services. The company framed its involvement as a stabilizing measure intended to safeguard essential regional and global trade flows.
However, legal experts suggest that the case may hinge on whether CK Hutchison’s concession is deemed legally active or formally terminated. If the concession is considered void, Panama’s authority to appoint a replacement operator could stand on firmer ground. If not, claims of wrongful interference or treaty violations may gain traction in arbitration forums.
Analysts believe the litigation could stretch over several years, especially if international arbitration panels become involved. Investment treaty cases often take three to five years to resolve, adding prolonged uncertainty for all stakeholders.
The port confrontation arrives at a sensitive moment in U.S.–China relations. The two powers remain locked in disputes over tariffs, rare earth export controls, semiconductor restrictions, and tensions surrounding Taiwan. Adding a high-profile infrastructure conflict in Latin America risks compounding existing friction.
For Panama, the economic stakes are substantial. The canal contributes roughly 6% to 8% of the country’s GDP and serves as a central pillar of its services-based economy. Any disruption to port operations or shipping confidence could ripple through logistics, insurance costs, and transit fees.
For global trade, the episode highlights how commercial infrastructure is increasingly intertwined with strategic competition. Ports, once viewed primarily as logistics hubs, have become instruments of national security policy and geopolitical leverage.
Most analysts expect the confrontation to drag on rather than resolve quickly. Legal maneuvering, diplomatic negotiations, and market pressures are likely to unfold simultaneously.
CK Hutchison appears determined to exhaust every legal avenue available, while Panama faces balancing pressures from Washington and Beijing. Meanwhile, Maersk must protect its commercial interests without becoming entangled in a broader geopolitical contest.
What began as a concession dispute has evolved into a test case for how global trade infrastructure will be governed in an era defined by strategic rivalry. The outcome could shape not only the future of Panama Canal port operations, but also the broader rules governing foreign investment, sovereign authority, and superpower competition in emerging markets.









