Case Details

Niko Resources (Bangladesh) Ltd. v. Bangladesh Oil Gas and Mineral Corporation (Petrobangla), Bangladesh Petroleum Exploration and Production Company Limited (Bapex) (ICSID Case No. ARB/10/18)

Proceeding Materials Procedural Details

  • Gas purchase and sale agreement
  • Oil, Gas & Mining
  • Contract
  • ICSID Convention - Arbitration Rules

    (a) Original Proceeding

    • Niko Resources (Bangladesh) Ltd. (Barbadian)
    • Bangladesh Oil Gas and Mineral Corporation (Petrobangla) (Bangladeshi), Bangladesh Petroleum Exploration and Production Company Limited (Bapex) (Bangladeshi)
    • July 28, 2010
    • December 20, 2010

      Party Representatives

    • Dentons Europe, Paris, France
      Dentons Canada, Calgary, Canada
      Rokanuddin Mahmud, Dhaka, Bangladesh
    • 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
    • English
    • Concluded
    • September 24, 2021 - The Tribunal renders its award.

    (b) Annulment Proceeding

    • Respondent(s)
    • February 3, 2022 (Respondent(s))
    • March 9, 2022

      Party Representatives

    • Dentons Canada, Calgary, Canada
      Rokanuddin Mahmud, Dhaka, Bangladesh
      Honlet Legum Arbitration, Paris, France
    • Chairman, Petrobangla, Dhaka, Bangladesh
      Secretary, Petrobangla, Dhaka, Bangladesh
      Foley Hoag, Washington D.C., U.S.A.
      Moin Ghani, Dhaka, Bangladesh
    • English
    • Concluded
    • October 12, 2023 - The ad hoc Committee issues its decision on annulment; attached to the decision is a dissenting opinion by ad hoc Committee member Makhdoom Ali Khan.

(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)

(b) Annulment Proceeding

Published Decisions

Decision on Annulment (English;)

(a) Original Proceeding

Date Development
July 28, 2010 The Secretary-General registers a request for the institution of arbitration proceedings.
October 19, 2010 Following appointment by the Respondents, Campbell McLachlan (New Zealand) accepts his appointment as arbitrator.
October 28, 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 with the parties 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 17, 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.
January 31, 2014 The Tribunal issues Procedural Order No. 4 concerning procedural matters.
January 31, 2014 Petrobangla files observations on the Claimant’s request for provisional measures.
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 26, 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.
September 24, 2021

The Tribunal issues Procedural Order No. 29 concerning closure of the proceedings on the payment claim.
September 24, 2021

The Tribunal renders its award.

(b) Annulment Proceeding

Date Development
February 3, 2022

The Secretary-General registers an application for annulment of the award filed by Bangladesh Oil, Gas and Mineral Corporation (Petrobangla) and Bangladesh Petroleum Exploration and Production Company Limited (BAPEX) and notifies the parties of the provisional stay of enforcement of the award.
March 9, 2022

The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention.  Its members are: Eduardo Zuleta (Colombian), President; Claudia Annacker (Austrian); and Makhdoom Ali Khan (Pakistani); all members appointed by the Chairman of the Administrative Council.
April 20, 2022

The ad hoc Committee holds a first session by video conference.
April 22, 2022

The ad hoc Committee issues Procedural Order No. 1. 
May 9, 2022

Bangladesh Oil, Gas and Mineral Corporation (Petrobangla) and Bangladesh Petroleum Exploration and Production Company Limited (BAPEX) file a request for the stay of enforcement of the award. 
May 10, 2022

Bangladesh Oil, Gas and Mineral Corporation (Petrobangla) and Bangladesh Petroleum Exploration and Production Company Limited (BAPEX) file a request for the ad hoc Committee to decide on the admissibility of new evidence. 
May 13, 2022

Niko Resources (Bangladesh) Ltd. files observations on Bangladesh Oil, Gas and Mineral Corporation (Petrobangla) and Bangladesh Petroleum Exploration and Production Company Limited (BAPEX)’s request of May 10, 2022. 
May 16, 2022

The ad hoc Committee decides on Bangladesh Oil, Gas and Mineral Corporation (Petrobangla) and Bangladesh Petroleum Exploration and Production Company Limited (BAPEX)’s request of May 10, 2022.
May 24, 2022

Niko Resources (Bangladesh) Ltd. files observations on Bangladesh Oil, Gas and Mineral Corporation (Petrobangla) and Bangladesh Petroleum Exploration and Production Company Limited (BAPEX)’s request for the stay of enforcement of the award. 
June 9, 2022

The ad hoc Committee holds a hearing on the stay of enforcement of the award by video conference.
June 30, 2022

Bangladesh Oil, Gas and Mineral Corporation (Petrobangla) and Bangladesh Petroleum Exploration and Production Company Limited (BAPEX) file a memorial on annulment and a request for the ad hoc Committee to decide on the admissibility of new evidence. 
July 4, 2022

Niko Resources (Bangladesh) Ltd. files observations on Bangladesh Oil, Gas and Mineral Corporation (Petrobangla) and Bangladesh Petroleum Exploration and Production Company Limited (BAPEX)’s request of June 30, 2022.
July 6, 2022

The ad hoc Committee decides on Bangladesh Oil, Gas and Mineral Corporation (Petrobangla) and Bangladesh Petroleum Exploration and Production Company Limited (BAPEX)’s request of June 30, 2022.
July 19, 2022

The ad hoc Committee issues a decision on the stay of enforcement of the award.
September 9, 2022

Niko Resources (Bangladesh) Ltd. files a counter-memorial on annulment.
November 18, 2022

Bangladesh Oil, Gas and Mineral Corporation (Petrobangla) and Bangladesh Petroleum Exploration and Production Company Limited (BAPEX) file a reply on annulment.
February 3, 2023

Niko Resources (Bangladesh) Ltd. files a rejoinder on annulment.
February 22, 2023

The ad hoc Committee issues Procedural Order No. 2 concerning the organization of the hearing.
March 23, 2023 - March 24, 2023

The ad hoc Committee holds a hearing on annulment in Washington, D.C.
April 24, 2023

Bangladesh Oil, Gas and Mineral Corporation (Petrobangla) and Bangladesh Petroleum Exploration and Production Company Limited (BAPEX) file a request for the ad hoc Committee to decide on the admissibility of new evidence.
April 25, 2023

Niko Resources (Bangladesh) Ltd. files observations on the Bangladesh Oil, Gas and Mineral Corporation (Petrobangla) and Bangladesh Petroleum Exploration and Production Company Limited (BAPEX)’s request of April 24, 2023.
April 26, 2023

The ad hoc Committee decides on Bangladesh Oil, Gas and Mineral Corporation (Petrobangla) and Bangladesh Petroleum Exploration and Production Company Limited (BAPEX)’s request of April 24, 2023.
May 26, 2023

Each party files a submission on costs. 
July 27, 2023

The ad hoc Committee declares the proceeding closed in accordance with ICSID Arbitration Rules 53 and 38(1). 
October 12, 2023

The ad hoc Committee issues its decision on annulment; attached to the decision is a dissenting opinion by ad hoc Committee member Makhdoom Ali Khan.