On Friday 27 February 2026, Mr Justice Waksman handed down judgment in Soprim Construction Sarl v The Republic of Djibouti & ors [2026] EWHC 418 (Comm), dismissing DP World’s security for costs application. The judgment can be found here.
DP World had sought over £900,000 in security from Soprim, relating to Soprim’s applications in connection with the enforcement of its arbitral awards against the Republic of Djibouti (the ‘Republic’). Soprim’s awards had been obtained in arbitration against Djibouti following an earlier high-profile Commercial Court trial involving claims made against Mr Abdourahman Boreh (Soprim’s general manager) rejected by Flaux J in 2016: The Republic of Djibouti & ors v Boreh & ors [2016] EWHC 405 (Comm).
Soprim is seeking a final charging order over monies held in London bank accounts in the name of another party, Doraleh Container Terminal SA (‘DCT’). Soprim argues that those monies are being held on trust for the Republic, due to various steps taken by the Republic since late 2017 that has seen it asserting control over DCT. DP World is a shareholder of DCT and it was served by Soprim because it is also a creditor of the Republic. DP World is objecting to Soprim’s applications and it sought security in that capacity.
The Court therefore had to determine whether DP World was, properly considered, a defendant, so as to enable DP World to access the Court’s security for costs jurisdiction. At the hearing, DP World argued that it is a defendant. Soprim’s position was that it was not a proper defendant.
Waksman J rejected DP World’s argument and provided a thorough review of the leading authorities on the issue of the Court’s jurisdiction to order security as well as summarising the principles to be applied when the Court is asked to determine an issue as to whether the applicant for security for costs is a ‘defendant’.
Further, Waksman J noted that, if the Court had jurisdiction, he would not have exercised it to award security in any event because DP World could have taken action to access the monies in the London bank account, but it had not done so.
Soprim’s victory in the security for costs application came soon after it had largely succeeded in its disclosure application against DP World. In that application, DP World had maintained its resistance to produce certain documents, and Soprim was forced to seek orders from the Court for DP World to produce those documents. Waksman J largely agreed with Soprim’s position and made orders in Soprim’s favour for DP World to produce the documents.
On 3 March 2026, DP World’s application for permission to appeal was refused by Mr Justice Waksman. Further, given Soprim’s successes, DP World has been ordered to pay substantial costs orders to Soprim.
Adam Zoubir leads the Harcus Parker team on behalf of Soprim, assisted by Rob Salek and Nitisha Acharya.