Issue with Dalian trains likely headed for arbitration, says DOTr chief

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Issue with Dalian trains likely headed for arbitration, says DOTr chief

Andrea Taguines,

ABS-CBN News

 | 

Updated Jul 05, 2024 10:21 PM PHT

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MANILA — The Department of Transportation (DOTr) on Friday said it is eyeing to file an arbitration case against Chinese manufacturer CRRC Dalian over the non-compliant trains it supplied to the Philippine government for the MRT-3 nearly a decade ago.

The issue with the Dalian trains, which were procured in 2014 and delivered in 2017, recently returned to the fore after Senator Raffy Tulfo said he plans to reopen the Senate investigation into the China-made trains’ supposed incompatibility with the MRT-3 system.

In a press conference, DOTr Secretary Jaime Bautista confirmed that the trains were overweight, which is why they were never fully deployed.

“Mayroon tayong konting issue dyan kasi yung na-deliver sa atin ay… not in conformity with the agreed terms. Mas mabigat siya,” he said.

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According to Bautista, making use of the heavy trains could lead to higher operating and maintenance costs.

“The reason why we don’t like to operate those trains at this time kasi posibleng maging mas mataas yung maintenance cost. Maintaining the rail line might be affected also, it can result in higher operating cost also,” he explained.

Bautista said his agency is still looking into possible penalties against the Chinese firm.

“Magkakaroon yan ng liquidated damages kasi hindi nila na-meet yung requirements natin e. But of course, subject to agreement din. We should be fair and reasonable in terms of what should be collected from Dalian… Posibleng magkaroon ng arbitration yan. In fact, nakikita ko na doon papunta yang problem natin with Dalian train,” he said.

Bautista said the arbitration case may be filed before a court in Singapore ahead of the planned privatization of the MRT-3 in the second or third quarter of 2025.

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In the meantime, Bautista said CRRC Dalian also continues to work on making the trains more suitable.

“Tinitignan kung papano mababawasan yung weight. In fact, merong train na dinala na rin sa Japan e para i-evaluate kung papaano magco-comply doon sa requirement namin as agreed. Siguro, if we will be satisfied, we can agree with them to operate the Dalian train,” he said.

Another option is to have the private concessionaire that will take over the operations of the MRT-3 deal with the Dalian trains.

“We have to involve the private sector. Yung unsolicited proposal, meron silang provision on how to operate the Dalian train despite the weight. May mga solutions kasi sila na naiisip,” he said.

ARBITRATION CASE

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A transport consultant meanwhile doubts that the Philippine government would win should it pursue its planned arbitration case against CRRC Dalian.

Engineer Rene Santiago, the former President of the Transportation Science Society of the Philippines, said the move may be a little too late.

“The fact is they have accepted it. They have not returned it over 7 years under their control."

"Kahit na isampa mo sa International Chamber of Commerce Arbitration yan, talo ang Pilipinas diyan,” Santiago said in an interview with ABS-CBN News.

For Santiago, the weight of the trains is not that big of a problem, and the DOTr should just deploy the trains for the sake of the riding public.

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“Will the system be harmed by the extra 4 tons, the excess? No, because the tracks have a safety margin. The only compensation or negative effect, yung lifespan or the steel rails will need replacement sooner. Let’s say 10 years, baka maging 8 years,” he explained.

“They’re privatizing (the MRT-3) next year so what’s the problem? The private concessionaire will now take over maintenance,” added Santiago.

Santiago said the DOTr may even ask CRRC Dalian itself to do the maintenance work for the China-made trains before the MRT-3 operations are turned over to a private firm.

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