Case Details
Niko Exploration (Block 9) Ltd. v. People’s Republic of Bangladesh and Bangladesh Oil Gas and Mineral Corporation (ICSID Case No. ARB/19/18)
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Mining concession
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Oil, Gas & Mining
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Contract
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ICSID Convention - Arbitration Rules
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Niko Exploration (Block 9) Ltd. (British)
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People’s Republic of Bangladesh (Bangladeshi), Bangladesh Oil Gas and Mineral Corporation (Bangladeshi)
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June 21, 2019
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July 22, 2021
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Wendy J. MILES (New Zealand) - Appointed by the Secretary-General
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Peter REES (British) - Appointed by the Claimant(s)
Brigitte STERN (French) - Appointed by the Respondent(s) -
Wendy J. MILES (New Zealand) - Appointed by the Secretary-General
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Jan PAULSSON (French, Swedish) - Appointed by the Claimant(s)
Brigitte STERN (French) - Appointed by the Respondent(s) -
September 17, 2021: Peter REES (British) appointed following the resignation of Jan PAULSSON (Swedish ,French)
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Dentons Europe, Paris, France and Dentons Canada, Calgary, Canada
Honlet Legum Arbitration, Paris, France -
Secretary, Bangladesh Oil, Gas and Mineral Corporation (“Petrobangla”), Dhaka, Bangladesh
Foley Hoag, Washington, D.C., U.S.A.
Moin Ghani, Dhaka, Bangladesh -
English
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Pending
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January 19, 2024 -
Each party files a statement of costs.
(a) Original Proceeding
Composition of Tribunal
Initial Composition of Tribunal
Party Representatives
No References Available.
(a) Original Proceeding
Date | Development |
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June 21, 2019 | The Secretary-General registers a request for the institution of arbitration proceedings. |
January 12, 2021 | Following appointment by the Respondents, Brigitte Stern (French) accepts her appointment as arbitrator. |
January 15, 2021 | Following appointment by the Claimant, Jan Paulsson (Swedish, French) accepts his appointment as arbitrator. |
July 22, 2021 | Following appointment by the Secretary-General pursuant to the parties’ agreement, Wendy Miles (New Zealand) accepts her appointment as presiding arbitrator. |
July 22, 2021 | The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Wendy Miles (New Zealand), President, appointed by the Secretary-General pursuant to the parties’ agreement; Jan Paulsson (Swedish/French), appointed by the Claimant; and Brigitte Stern (French), appointed by the Respondents. |
July 27, 2021 | The Respondents file a proposal for disqualification of arbitrator Jan Paulsson. The proceeding is suspended in accordance with ICSID Arbitration Rule 9(6). |
August 9, 2021 | The Claimant files observations on the proposal for disqualification. |
August 12, 2021 | The arbitrator furnishes explanations regarding the proposal for disqualification in accordance with ICSID Arbitration Rule 9(3). |
August 19, 2021 | The Respondents file observations on the proposal for disqualification. |
August 25, 2021 | The Claimant files further observations on the proposal for disqualification. |
August 27, 2021 | The Tribunal consents to the resignation of arbitrator Jan Paulsson pursuant to ICSID Arbitration Rule 8(2) and the Secretary-General notifies the parties thereof. |
August 27, 2021 | Following the resignation of arbitrator Jan Paulsson, the Secretary-General notifies the parties of the vacancy on the Tribunal and the proceeding is suspended pursuant to ICSID Arbitration Rule 10(2). |
September 17, 2021 | Following the resignation of arbitrator Jan Paulsson, Peter Rees (British) accepts his appointment as arbitrator, appointed by the Claimant in accordance with ICSID Arbitration Rule 11(1). |
September 17, 2021 | The Tribunal is reconstituted. Its members are: Wendy Miles (New Zealand), President, appointed by the Secretary-General pursuant to the parties’ agreement; Peter Rees (British), appointed by the Claimant in accordance with ICSID Arbitration Rule 11(1); and Brigitte Stern (French), appointed by the Respondents. The proceeding is resumed pursuant to ICSID Arbitration Rule 12. |
October 27, 2021 | The Tribunal holds a first session by video conference. |
November 10, 2021 | The Tribunal issues Procedural Order No. 1 concerning procedural matters. |
February 25, 2022 | The Claimant files a memorial on the merits. |
August 15, 2022 | The Respondents file a counter-memorial on the merits. |
October 6, 2022 | The parties file a joint request for the Tribunal to issue a procedural order on confidentiality. |
October 31, 2022 | Each party files a request for the Tribunal to decide on production of documents. |
November 1, 2022 | The Tribunal issues Procedural Order No. 2 concerning confidentiality. |
December 10, 2022 | The Tribunal issues Procedural Order No. 3 concerning production of documents. |
December 21, 2022 | The Tribunal issues Procedural Order No. 4 concerning procedural matters. |
March 14, 2023 | The Tribunal issues Procedural Order No. 5 concerning the procedural calendar. |
April 12, 2023 | The Claimant files a reply on the merits. |
August 8, 2023 | The Respondents file a rejoinder on the merits. |
September 22, 2023 | The Tribunal issues Procedural Order No. 6 concerning the procedural calendar. |
October 13, 2023 | The Claimant files a rejoinder on jurisdiction. |
October 17, 2023 | The Tribunal holds a pre-hearing organizational meeting with the parties by video conference. |
October 20, 2023 | The Tribunal issues Procedural Order No. 7 concerning the organization of the hearing. |
November 8, 2023 | The Tribunal issues Procedural Order No. 8 concerning the organization of the hearing. |
November 27, 2023 | The Respondents file a request for the Tribunal to decide on the admissibility of new evidence. |
November 28, 2023 | The Claimant files observations on the Respondents’ request of November 27, 2023. |
November 30, 2023 | The Tribunal issues Procedural Order No. 9 concerning the admissibility of new evidence. |
December 11, 2023 - December 15, 2023 | The Tribunal holds a hearing on the merits in Washington, D.C. |
January 19, 2024 | Each party files a statement of costs. |