Case Details

Interocean Oil Development Company and Interocean Oil Exploration Company v. Federal Republic of Nigeria (ICSID Case No. ARB/13/20)

Subject of Dispute:

Oil exploration and production joint venture
Economic Sector:

Oil, Gas & Mining
Instrument(s) Invoked:

Investment Law - Nigeria (1995)
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Interocean Oil Exploration Company (U.S.), Interocean Oil Development Company (U.S.)
Respondent(s):

Federal Republic of Nigeria (Nigerian)
Date Registered:

September 9, 2013
Date of Constitution of Tribunal:

December 11, 2013

Composition of Tribunal

President:

William W. PARK (Swiss, U.S.) - Appointed by the Parties
Arbitrators:

Julian D.M. LEW (British) - Appointed by the Claimant(s)
Edward TORGBOR (British, Ghanaian) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Addie & Co, London, U.K.
Ajumogobia & Okeke, Lagos, Nigeria
Bello Salihu, Lagos, Nigeria
Oba Nsugbe, London, U.K.
Respondent(s):

Aare Afe Babalola, Lagos, Nigeria
Rose Rameau, Washington, D.C., U.S.A.
Volterra Fietta, London, U.K.
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

October 6, 2020 - The Tribunal renders its award.

(a) Original Proceeding

Published Decisions

Decision on Preliminary Objections

Procedural Order No. 1

Procedural Order No. 2

Procedural Order No. 3

Procedural Order No. 4

Procedural Order No. 5

Procedural Order No. 6

Decision on the Proposal to Disqualify all Members of the Arbitral Tribunal

Procedural Order No. 7

Procedural Order No. 8

Award of the Tribunal

Available on the ICSID Website

Decision on Preliminary Objections (October 29, 2014) English (Original)

Procedural Order No. 1 (February 26, 2014) English (Original)

Procedural Order No. 2 (February 5, 2015) English (Original)

Procedural Order No. 3 (February 17, 2016) English (Original)

Procedural Order No. 4 (April 20, 2016) English (Original)

Procedural Order No. 5 (October 15, 2016) English (Original)

Procedural Order No. 6 (February 1, 2017) English (Original)

Decision on the Proposal to Disqualify all Members of the Arbitral Tribunal (October 3, 2017) English (Original)

Procedural Order No. 7 (March 20, 2018) English (Original)

Procedural Order No. 8 (May 14, 2018) English (Original)

Award of the Tribunal (October 6, 2020) English (Original)

(a) Original Proceeding

Date	Development
September 9, 2013	The Secretary-General registers a request for the institution of arbitration proceedings.
December 9, 2013	Following appointment by the Claimants, Julian D.M. Lew (British) accepts his appointment as arbitrator. Following appointment by the Respondent, Edward Torgbor (British/Ghanaian) accepts his appointment as arbitrator.
December 11, 2013	Following appointment by the parties, William W. Park (U.S./Swiss), accepts his appointment as presiding arbitrator.
December 11, 2013	The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention. Its members are: William W. Park (U.S./Swiss), President, appointed by agreement of the parties; Julian D.M. Lew (British), appointed by the Claimants; and Edward Torgbor (British/Ghanaian), appointed by the Respondent.
February 13, 2014	The Tribunal holds a first session in Paris.
February 27, 2014	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
March 14, 2014	The Respondent files a memorial on preliminary objections.
April 11, 2014	The Claimants file a counter-memorial on preliminary objections.
April 25, 2014	The Respondent files a reply on preliminary objections.
May 9, 2014	The Claimants file a rejoinder on preliminary objections.
June 26, 2014	The Tribunal holds a hearing on preliminary objections in London.
October 29, 2014	The Tribunal issues a decision on preliminary objections.
February 5, 2015	The Tribunal issues Procedural Order No. 2 concerning the procedural calendar.
June 18, 2015	The Claimants file a memorial on the merits.
November 17, 2015	The Respondent files a counter-memorial on the merits.
February 17, 2016	The Tribunal issues Procedural Order No. 3 concerning production of documents.
April 20, 2016	The Tribunal issues Procedural Order No. 4 concerning production of documents.
May 25, 2016	The Claimants file a reply on the merits.
July 26, 2016	The Respondent files a rejoinder on the merits.
August 2, 2016 - August 4, 2016	The Tribunal holds a hearing on the merits in London.
October 15, 2016	The Tribunal issues Procedural Order No. 5 concerning procedural matters.
February 1, 2017	The Tribunal issues Procedural Order No. 6 concerning provisional measures.
July 19, 2017 - July 21, 2017	The Tribunal holds a further hearing on the merits in London.
August 5, 2017	The Claimants file a request for the Tribunal to decide on the admissibility of new evidence.
August 16, 2017	The Respondent files a proposal for disqualification of the three members of the Tribunal. The proceeding is suspended in accordance with ICSID Arbitration Rule 9(6).
September 4, 2017	The Claimants file observations on the proposal for disqualification.
September 11, 2017	The arbitrators furnish explanations regarding the proposal for disqualification in accordance with ICSID Arbitration Rule 9(3).
September 18, 2017	The parties file observations on the arbitrators’ explanations regarding the proposal for disqualification.
October 3, 2017	The proposal for disqualification of the three members of the Tribunal is declined by the Chairman of the Administrative Council. The proceeding is resumed pursuant to ICSID Arbitration Rule 9(6).
October 31, 2017	The Respondent files observations on the Claimants’ request of August 5, 2017.
March 20, 2018	The Tribunal issues Procedural Order No. 7 concerning the admissibility of new evidence; attached is the dissenting opinion of Edward Torgbor.
March 30, 2018	The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.
April 9, 2018	The Claimants file observations on the Respondent’s request of March 30, 2018.
April 16, 2018	The Tribunal decides on the admissibility of new evidence.
May 14, 2018	The Tribunal issues Procedural Order No. 8 concerning procedural matters.
June 13, 2018	Each party files a post-hearing brief.
February 11, 2019	Each party files a reply post-hearing brief.
June 8, 2020	Each party files a statement of costs.
June 30, 2020	Each party files observations on the other party’s statement of costs.
September 11, 2020	The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.
September 18, 2020	The Claimants file observations on the Respondent's request of September 11, 2020.
September 29, 2020	The Tribunal decides on the admissibility of new evidence.
September 29, 2020	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
October 6, 2020	The Tribunal renders its award.