Case Details

Niko Resources (Bangladesh) Ltd. v. Bangladesh Petroleum Exploration & Production Company Limited ("Bapex") (ICSID Case No. ARB/10/11)

Subject of Dispute:

Petroleum development contract
Economic Sector:

Oil, Gas & Mining
Instrument(s) Invoked:

Contract
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Niko Resources (Bangladesh) Ltd. (Barbadian)
Respondent(s):

Bangladesh Petroleum Exploration & Production Company Limited (Bapex) (Bangladeshi)
Date Registered:

May 27, 2010
Date of Constitution of Tribunal:

December 20, 2010

Composition of Tribunal

President:

Michael E. SCHNEIDER (German) - Appointed by the Parties
Arbitrators:

Campbell Alan MC LACHLAN (New Zealand) - Appointed by the Respondent(s)
Jan PAULSSON (French) - Appointed by the Claimant(s)

Party Representatives

Claimant(s):

Denton Europe, Paris, France
Dentons Canada, Calgary, Canada
Rokanuddin Mahmud, Dhaka, Bangladesh
Honlet Legum Arbitration, Paris, France
Respondent(s):

Foley Hoag, Washington, D.C., U.S.A.
Imtiaz U. Ahmad Asif, Dhaka, Bangladesh
Moin Ghani, Dhaka, Bangladesh
Secretary, Petrobangla, Dhaka, Bangladesh
Managing Director, Bapex, Dhaka, Bangladesh
Language(s) of Proceeding:

English
Status of Proceeding:

Pending
Latest Development:

June 21, 2022 - Each party files observations on the other party’s submission on costs.

(a) Original Proceeding

Published Decisions

Procedural Order No. 1

Procedural Order No. 2

Decision on Jurisdiction

Procedural Order No. 3

Procedural Order No. 4

Procedural Order No. 5

Procedural Order No. 6

Decision on the Payment Claim

Procedural Order No 7

Procedural Order No. 8

Procedural Order No. 9

Procedural Order No. 10

Procedural Order No. 11

Decision on Implementation of the Decision on the Payment Claim

Procedural Order No. 12

Procedural Order No. 13

Third Decision on the Payment Claim

Decision Pertaining to the Exclusivity of the Tribunal's Jurisdiction

Procedural Order No. 14

Procedural Order No. 15

Procedural Order No. 16

Procedural Order No. 17

Procedural Order No. 18

Procedural Order No. 19

Procedural Order No. 20

Procedural Order No. 21

Procedural Order No. 22

Available on the ICSID Website

Procedural Order No. 1 (February 14, 2011) English (Original)

Procedural Order No. 2 (September 19, 2011) English (Original)

Decision on Jurisdiction (August 19, 2013) English (Original)

Procedural Order No. 3 (November 15, 2013) English (Original)

Procedural Order No. 4 (January 31, 2014) English (Original)

Procedural Order No. 5 (March 6, 2014) English (Original)

Procedural Order No. 6 (May 1, 2014) English (Original)

Decision on the Payment Claim (September 11, 2014) English (Original)

Procedural Order No 7 (October 17, 2014) English (Original)

Procedural Order No. 8 (November 7, 2014) English (Original)

Procedural Order No. 9 (December 1, 2014) English (Original)

Procedural Order No. 10 (May 30, 2015) English (Original)

Procedural Order No. 11 (August 19, 2015) English (Original)

Decision on Implementation of the Decision on the Payment Claim (September 14, 2015) English (Original)

Procedural Order No. 12 (October 21, 2015) English (Original)

Procedural Order No. 13 (May 26, 2016) English (Original)

Third Decision on the Payment Claim (May 26, 2016) English (Original)

Decision Pertaining to the Exclusivity of the Tribunal's Jurisdiction (July 19, 2016) English (Original)

Procedural Order No. 14 (July 29, 2016) English (Original)

Procedural Order No. 15 (October 7, 2016) English (Original)

Procedural Order No. 16 (November 14, 2016) English (Original)

Procedural Order No. 17 (January 11, 2017) English (Original)

Procedural Order No. 18 (March 23, 2017) English (Original)

Procedural Order No. 19 (April 15, 2017) English (Original)

Procedural Order No. 20 (May 17, 2017) English (Original)

Procedural Order No. 21 (June 4, 2017) English (Original)

Procedural Order No. 22 (July 27, 2017) English (Original)

(a) Original Proceeding

Date	Development
May 27, 2010	The Acting Secretary-General registers a request for the institution of arbitration proceedings.
August 29, 2010	Following appointment by the Respondents, Campbell McLachlan (New Zealand) accepts his appointment as arbitrator.
August 30, 2010	Following appointment by the Claimant, Jan Paulsson (French/Swedish) accepts his appointment as arbitrator.
December 14, 2010	Following appointment by the parties, Michael E. Schneider (German) accepts his appointment as presiding arbitrator.
December 20, 2010	The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention. Its members are: Michael E. Schneider (German), President, appointed by agreement of the parties; Jan Paulsson (French/Swedish), appointed by the Claimant; Campbell McLachlan (New Zealand), appointed by the Respondents.
February 14, 2011	The President of the Tribunal holds preliminary procedural consultations with the parties in Geneva. The Tribunal holds a first session in Geneva. The Tribunal issues Procedural Order No. 1 concerning the procedural calendar on jurisdiction.
April 1, 2011	The Claimant files a memorial on jurisdiction, including a request for production of documents.
May 16, 2011	The Respondents file a counter-memorial on jurisdiction, including observations on the Claimant's request for production of documents.
June 30, 2011	The Claimant files a second memorial on jurisdiction, and reiterates its request for production of documents of April 1, 2011.
August 1, 2011	The Respondents file observations on the Claimant's request for production of documents.
August 16, 2011	The Respondents file a request for production of documents.
August 19, 2011	The Claimant files observations on the Respondents' request for production of documents.
August 26, 2011	The Tribunal decides on the admissibility of the Respondents' request for production of documents, and poses questions to the parties.
August 29, 2011	The Respondents file answers to the questions posed by the Tribunal on August 26, 2011.
August 30, 2011	The Respondents file a second counter-memorial on jurisdiction.
September 6, 2011	The Claimant files answers to the questions posed by the Tribunal on August 26, 2011.
September 13, 2011	The Tribunal poses questions to the Claimant. The Claimant files further answers to the questions posed by the Tribunal on August 26, 2011.
September 15, 2011	The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference.
September 16, 2011	The Respondents file answers to the questions posed by the Tribunal during the pre-hearing conference.
September 19, 2011	The Tribunal issues Procedural Order No. 2 concerning the procedural calendar for the further written procedure on jurisdiction.
September 20, 2011	The Claimant files answers to the questions posed by the Tribunal during the pre-hearing conference.
September 22, 2011	The Claimant files answers to the questions posed by the Tribunal on September 13, 2011.
September 27, 2011	The Respondents file observations on the Claimant's written submissions of September 6 and 22, 2011.
September 28, 2011	The Respondents file a supplemental counter-memorial on jurisdiction. The Respondents file observations on the Claimant's written submission of September 20, 2011.
October 10, 2011	The Claimant files a response to the Respondents' supplemental counter-memorial on jurisdiction.
October 13, 2011 - October 14, 2011	The Tribunal holds a hearing on jurisdiction in London.
August 19, 2013	The Tribunal issues a decision on jurisdiction.
September 27, 2013	The Claimant files a memorial concerning claims to payment for gas delivered and a memorial concerning the compensation declaration requested by the Claimant.
November 15, 2013	The Tribunal issues Procedural Order No. 3 concerning the procedural calendar.
November 28, 2013	The Respondents each file a counter-memorial concerning claims to payment for gas delivered.
December 23, 2013	The Claimant files a request for provisional measures.
January 30, 2014	Bapex files a counter-memorial concerning the compensation declaration requested by the Claimant. The Claimant files a reply concerning claims to payment for gas delivered.
January 31, 2014	Petrobangla files observations on the Claimant’s request for provisional measures.
January 31, 2014	The Tribunal issues Procedural Order No. 4 concerning procedural matters.
February 17, 2014	The Claimant files a response to Petrobangla’s observations of January 31, 2014.
February 28, 2014	Petrobangla files a rejoinder on provisional measures, including a request for provisional measures.
March 6, 2014	The Tribunal issues Procedural Order No. 5 concerning provisional measures.
March 24, 2014	The Claimant files observations on Petrobangla's request for provisional measures of February 28, 2014.
March 27, 2014	Petrobangla files a rejoinder concerning claims to payment for gas delivered.
April 28, 2014 - April 30, 2014	The Tribunal holds a hearing on the payment claim and on provisional measures in London.
May 1, 2014	The Tribunal issues Procedural Order No. 6 concerning provisional measures.
May 22, 2014	The Respondents file answers to questions posed by the Tribunal during the hearing on the payment claim.
May 29, 2014	The Claimant files a reply concerning the compensation declaration requested by the Claimant.
June 6, 2014	The Claimant files observations on the Respondents' submission of May 22, 2014.
June 17, 2014	The Respondents file observations on the new evidence included in the Claimant's submission of June 6, 2014.
September 11, 2014	The Tribunal issues a decision on the payment claim.
September 25, 2014	The Respondents file a rejoinder concerning the compensation declaration requested by the Claimant.
October 17, 2014	The Tribunal issues Procedural Order No. 7 concerning procedural matters.
November 7, 2014	The Tribunal issues Procedural Order No. 8 concerning procedural matters.
November 12, 2014	The Tribunal holds a procedural consultation with the parties by video conference.
November 25, 2014	The Claimant files a request for provisional measures relating to the implementation of the Tribunal’s decision of September 11, 2014.
December 1, 2014	The Tribunal issues Procedural Order No. 9 concerning the procedural calendar.
December 5, 2014	As instructed by the Tribunal in its Procedural Order No. 9, the Claimant files a written submission relating to its request of November 25, 2014.
April 27, 2015	The Tribunal appoints two independent experts.
May 4, 2015	The Tribunal appoints a third independent expert.
May 30, 2015	The Tribunal issues Procedural Order No. 10 concerning the procedural calendar.
June 8, 2015	Each independent expert issues a report.
August 13, 2015	Bapex files a request for provisional measures.
August 19, 2015	The Tribunal issues Procedural Order No. 11 concerning the procedural calendar.
August 21, 2015	The Claimant files observations on Bapex’s request for provisional measures and a request for the exclusion of evidence. Petrobangla files observations on Bapex’s request for provisional measures.
August 31, 2015	Each party files observations on the reports of the Tribunal’s three independent experts.
September 4, 2015	Bapex withdraws its request for provisional measures.
September 10, 2015	The Claimant renews its request of August 21, 2015.
September 14, 2015	The Tribunal issues a decision on the Claimant’s request of November 25, 2014 relating to the implementation of the Tribunal’s decision of September 11, 2014.
September 30, 2015	Each party files a response to the other party’s observations of August 31, 2015.
October 1, 2015	The President holds a pre-hearing organizational meeting with the parties by telephone conference.
October 5, 2015	The Claimant files answers to questions posed by the Tribunal during the pre-hearing organizational meeting.
October 6, 2015	The Respondents file observations on the Claimant’s submission of October 5, 2015.
October 7, 2015	The Tribunal decides on the procedural calendar.
October 9, 2015	The Claimant files a further written submission on the requested compensation declaration.
October 12, 2015	Bapex files a further written submission on the compensation declaration requested by the Claimant.
October 19, 2015	Bapex files a further written submission on the compensation declaration requested by the Claimant.
October 21, 2015	The Tribunal issues Procedural Order No. 12 concerning procedural matters.
October 23, 2015	The Claimant files a further written submission on the requested compensation declaration.
November 2, 2015 - November 7, 2015	The Tribunal holds an evidentiary hearing in London on the compensation declaration requested by the Claimant.
December 15, 2015	The Claimant files a request for a ruling further to the Tribunal’s decision of September 14, 2015.
January 6, 2016	The Respondents file observations on the Claimant’s request of December 15, 2015.
January 8, 2016	The Respondents file a request for the Tribunal to decide on production of documents.
January 18, 2016	The Claimant files observations on the Respondents’ request for the Tribunal to decide on production of documents.
January 22, 2016	Each party files a post-hearing brief.
February 4, 2016	The Respondents file a response to the Claimant’s observations of January 18, 2016.
February 17, 2016	Following an invitation by the Tribunal, the Respondents clarify their January 8, 2016 request for the Tribunal to decide on production of documents.
February 20, 2016	The Respondents supplement their January 8, 2016 request for the Tribunal to decide on production of documents.
February 21, 2016 - February 22, 2016	The Tribunal holds a further hearing on the compensation declaration requested by the Claimant in Paris.
March 21, 2016	The Respondents renew their request for the Tribunal to decide on the production of documents.
March 25, 2016	The Respondents file a memorial on damages concerning the compensation declaration requested by the Claimant.
March 25, 2016	Petrobangla files a request for the Tribunal to reconsider its decisions of September 11, 2014 and September 14, 2015.
April 18, 2016	The Tribunal poses questions to the Respondents and invites the Claimant to file observations on Petrobangla’s March 25, 2016 request and on requests contained in Bapex’s submission of March 25, 2016.
April 29, 2016	The parties file their answers to the Tribunal’s questions of April 18, 2016.
May 19, 2016	The Claimant files a request for provisional measures.
May 26, 2016	The Tribunal issues a decision on the Claimant’s request of December 15, 2015 (Third Decision on the Payment Claim). The Tribunal issues Procedural Order No. 13 concerning various procedural matters.
June 1, 2016	The Respondent files observations on the Claimant’s request for provisional measures. The Claimant amends its request for provisional measures of May 19, 2016.
June 14, 2016	Each party files responses to questions posed by the Tribunal in Procedural Order No. 13.
June 15, 2016	The Respondents file observations on the Claimant’s amended request for provisional measures.
June 23, 2016	The Claimant files observations regarding the implementation of the Tribunal’s decision of May 26, 2016.
June 30, 2016	The Respondents file a request for the Tribunal to reconsider its decision of May 26, 2016.
July 7, 2016	The Respondents file further observations on provisional measures.
July 11, 2016	The Claimant files a response to the Respondents’ observations of July 7, 2016.
July 12, 2016	The Respondents file a reply to the Claimant’s response of July 11, 2016.
July 19, 2016	The Tribunal issues a decision pertaining to the exclusivity of the tribunals’ jurisdiction and on the Claimant’s request of May 19, 2016 as amended on June 1, 2016.
July 29, 2016	The Tribunal issues Procedural Order No. 14 concerning the further procedure.
August 8, 2016	Each party files responses to questions posed by the Tribunal in Procedural Order No. 14.
August 9, 2016	The Respondents file a request for reconsideration of certain portions of Procedural Order No. 14.
August 10, 2016	The Tribunal holds a procedural consultation with the parties by telephone conference.
August 12, 2016	The Respondents supplement their request of August 9, 2016. The Claimant files observations on the Respondents’ response of August 8, 2016.
August 17, 2016	The Respondents file observations on the Claimant’s response of August 8, 2016.
August 19, 2016	The Claimant files a response to the Respondents’ request of August 9, 2016.
September 1, 2016	The Tribunal holds a procedural consultation with the parties by telephone conference.
October 7, 2016	The Tribunal issues Procedural Order No. 15 concerning procedural matters, document production, evidence, confidentiality and the Respondents’ request of August 9, 2016.
November 14, 2016	The Tribunal issues Procedural Order No. 16 concerning the Respondents’ request of June 30, 2016.
November 23, 2016	The Respondents file a memorial on the corruption claim.
January 11, 2017	The Claimant files a counter-memorial on the corruption claim. The Tribunal issues Procedural Order No. 17 concerning confidentiality of documents.
January 30, 2017	The Tribunal holds a procedural consultation with the parties by telephone conference.
February 22, 2017	The Respondents file a reply on the corruption claim.
March 23, 2017	The Tribunal issues Procedural Order No. 18 concerning evidentiary matters.
April 5, 2017	The Claimant files a rejoinder on the corruption claim.
April 10, 2017	The President holds a pre-hearing organizational meeting with the parties by telephone conference.
April 15, 2017	The Tribunal issues Procedural Order No. 19 concerning procedural matters.
April 24, 2017 - April 29, 2017	The Tribunal holds a hearing on the corruption claim in Paris.
May 17, 2017	The Tribunal issues Procedural Order No. 20 concerning post-hearing organization, and poses questions to the parties.
June 4, 2017	The Tribunal issues Procedural Order No. 21 concerning production of documents.
July 12, 2017	Each party files a post-hearing brief.
July 27, 2017	The Tribunal issues Procedural Order No. 22 concerning evidentiary matters.
August 2, 2017	Each party files a reply post-hearing brief.
February 25, 2019	The Tribunal issues a decision on the corruption claim.
May 24, 2019	The Tribunal issues Procedural Order No. 23 concerning redactions to and publication of the Tribunal’s decision of February 25, 2019.
February 28, 2020	The Tribunal issues a decision on liability concerning the compensation declaration requested by the Claimant.
April 3, 2020	The Tribunal issues Procedural Order No. 24 concerning the procedural calendar for the compensation declaration requested by the Claimant.
September 7, 2020	Bapex files an amended memorial on damages concerning the compensation declaration requested by the Claimant.
September 7, 2020	The Claimant files a counter-memorial on damages concerning the compensation declaration requested by the Claimant.
October 7, 2020	The Claimant files a request for the Tribunal to render an award in relation to the payment claim.
October 29, 2020	The Respondents file observations on the Claimant’s request of October 7, 2020.
October 29, 2020	Each party files a submission on costs relating to the payment claim.
November 6, 2020	Each party files observations on the other party’s submission on costs relating to the payment claim.
November 15, 2020	The Tribunal issues Procedural Order No. 25 concerning the hearing.
November 19, 2020 - November 20, 2020	The Tribunal holds a hearing on heads of recoverable loss concerning the compensation declaration proceedings by video conference.
December 2, 2020	The Tribunal issues Procedural Order No. 26 concerning document production.
May 18, 2021	The Tribunal issues a decision on heads of recoverable loss concerning the compensation declaration proceedings.
June 8, 2021	The Tribunal holds a case management conference with the parties by video conference.
June 22, 2021	The Respondents file an updated request for the Tribunal to decide on production of documents.
July 6, 2021	The Claimant files observations on the Respondents’ updated request for the Tribunal to decide on production of documents.
July 30, 2021	The Tribunal issues Procedural Order No. 27 concerning the procedural calendar.
July 30, 2021	The Tribunal issues Procedural Order No. 28 concerning production of documents.
August 20, 2021	Bapex files a submission on quantum and the environmental claims in the compensation declaration proceedings.
September 24, 2021	The Tribunal issues Procedural Order No. 29 concerning closure of the proceedings on the payment claim.
October 1, 2021	The Claimant files a reply on quantum and on the environmental claims in the compensation declaration proceedings.
October 19, 2021	The Tribunal issues Procedural Order No. 30 concerning the organization of the hearing.
October 21, 2021	The President holds a pre-hearing organizational meeting with the parties by video conference.
November 3, 2021	The Tribunal issues Procedural Order No. 31 concerning procedural matters.
November 8, 2021 - November 13, 2021	The Tribunal holds a hearing by video conference.
December 16, 2021	The Tribunal issues Procedural Order No. 32 concerning the procedural calendar.
March 2, 2022	Each party files a post-hearing brief.
March 9, 2022	The Claimant files a request for the Tribunal to disregard portions of the Respondent’s post-hearing brief.
March 10, 2022	The Respondent files observations on the Claimant request of March 9, 2022.
March 22, 2022	Following an invitation by the Tribunal, the Claimant files further observations on its request of March 9, 2022.
March 23, 2022	The Respondent files a response to the Claimant’s further observations of March 22, 2022.
April 8, 2022	The Tribunal issues Procedural Order No. 33 concerning the Claimant’s request of March 9, 2022 and the procedural calendar.
May 9, 2022	Each party files a reply post-hearing brief.
May 31, 2022	Each party files a submission on costs.
June 21, 2022	Each party files observations on the other party’s submission on costs.