Case Details
Eni International B.V., Eni Oil Holdings B.V. and Nigerian Agip Exploration Limited v. Federal Republic of Nigeria (ICSID Case No. ARB/20/41)
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Oil mining concession
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Oil, Gas & Mining
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BIT Netherlands - Nigeria 1992
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ICSID Convention - Arbitration Rules
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Eni International B.V. (Dutch), Eni Oil Holdings B.V. (Dutch), Nigerian Agip Exploration Limited (Nigerian)
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Federal Republic of Nigeria (Nigerian)
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October 9, 2020
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July 13, 2021
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Laurent LÉVY (Brazilian, Swiss) - Appointed by the Parties
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J. William ROWLEY (British, Canadian) - Appointed by the Claimant(s)
Zachary DOUGLAS (Australian, Swiss) - Appointed by the Respondent(s) -
Laurent LÉVY (Brazilian, Swiss) - Appointed by the Parties
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Stanimir A. ALEXANDROV (Bulgarian) - Appointed by the Claimant(s)
Kamal HOSSAIN (Bangladeshi) - Appointed by the Respondent(s) -
January 13, 2022: J. William ROWLEY (British ,Canadian) appointed following the resignation of Stanimir A. ALEXANDROV (Bulgarian)
January 17, 2023: Zachary DOUGLAS (Australian) appointed following the resignation of Kamal HOSSAIN (Bangladeshi) -
Three Crowns, London, U.K., Paris, France and Washington, D.C., U.S.A.
Aluko & Oyebode, Abuja Nigeria -
Afe Babalola & Co., Abuja, Nigeria
Squire Patton Boggs, London, U.K., Paris, France and Milan, Italy -
English
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Pending
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August 16, 2024 -
The suspension of the proceeding is extended until November 22, 2024, pursuant to the parties’ agreement.
(a) Original Proceeding
Composition of Tribunal
Initial Composition of Tribunal
Party Representatives
(a) Original Proceeding
Published Decisions
Procedural Order No. 4
Available on the ICSID Website
Procedural Order No. 4 (March 7, 2023) English (Original)
(a) Original Proceeding
Date | Development |
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October 9, 2020 | The Secretary-General registers a request for the institution of arbitration proceedings. |
January 10, 2021 | Following appointment by the Claimants, Stanimir Alexandrov (Bulgarian) accepts his appointment as arbitrator. |
January 17, 2021 | Following appointment by the Respondent, Kamal Hossain (Bangladeshi) accepts his appointment as arbitrator. |
April 9, 2021 | The Claimants file a request for provisional measures. |
April 20, 2021 | The Respondent files observations on the Claimants’ request for provisional measures. |
April 27, 2021 | The Claimants file a response to the Respondent’s observations of April 20, 2021. |
May 4, 2021 | The Respondent files a reply on the Claimants’ request for provisional measures. |
July 12, 2021 | Following appointment by agreement of the parties, Laurent Lévy (Brazilian/Swiss) accepts his appointment as presiding arbitrator. |
July 13, 2021 | The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention. Its members are: Laurent Lévy (Brazilian/Swiss), President, appointed by agreement of the parties; Stanimir Alexandrov (Bulgarian), appointed by the Claimants; and Kamal Hossain (Bangladeshi), appointed by the Respondent. |
September 5, 2021 | The Tribunal holds a first session by video conference. |
September 13, 2021 | The Respondent files a request to address quantum in a separate phase of the proceeding. |
September 17, 2021 | The Tribunal issues a decision on provisional measures. |
September 20, 2021 | The Claimants file observations on the request to address quantum in a separate phase of the proceeding. |
October 4, 2021 | The Tribunal issues a decision on the Respondent’s request to quantum in a separate phase of the proceeding. |
October 29, 2021 | The Claimants file a memorial on the merits. |
November 3, 2021 | The Tribunal issues Procedural Order No. 1 concerning procedural matters. |
November 4, 2021 | The Secretary-General moves that the Tribunal stay the proceeding pursuant to ICSID Administrative and Financial Regulation 14(3)(d). |
December 8, 2021 | The Respondent files a proposal for disqualification of arbitrator Stanimir Alexandrov. The proceeding is suspended in accordance with ICSID Arbitration Rule 9(6). |
December 12, 2021 | The Tribunal consents to the resignation of arbitrator Stanimir Alexandrov pursuant to ICSID Arbitration Rule 8(2) and the Secretary-General notifies the parties thereof. |
December 12, 2021 | Following the resignation of arbitrator Stanimir Alexandrov, the Secretary-General notifies the parties of the vacancy on the Tribunal and the proceeding is suspended pursuant to ICSID Arbitration Rule 10(2). |
January 13, 2022 | Following the resignation of arbitrator Stanimir Alexandrov, J. William Rowley (Canadian/British) accepts his appointment as arbitrator, appointed by the Claimants in accordance with ICSID Arbitration Rule 11(1). |
January 13, 2022 | The Tribunal is reconstituted. Its members are: Laurent Lévy (Brazilian/Swiss), President, appointed by agreement of the parties; J William Rowley (Canadian/British), appointed by the Claimants and Kamal Hossain (Bangladeshi), appointed by the Respondent in accordance with ICSID Arbitration Rule 11(1). The proceeding is resumed pursuant to ICSID Arbitration Rule 12. |
February 15, 2022 | The Tribunal issues Procedural Order No. 2 concerning the Respondent’s request to amend the procedural calendar. |
April 29, 2022 | The Respondent files a counter-memorial on the merits and a memorial on the counter-claims. |
August 1, 2022 | A non-disputing party files an application to file a written submission pursuant to ICSID Arbitration Rule 37(2). |
August 26, 2022 | Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents. |
January 21, 2022 | The Respondent files a request for amendment of the procedural calendar. |
January 26, 2022 | The Claimants file observations on the Respondent’s request for amendment of the procedural calendar of January 21, 2022. |
January 31, 2022 | The Respondent files a response to the Claimants’ observations of January 26, 2022. |
February 4, 2022 | The Claimants file further observations on the Respondent’s response of January 31, 2022. |
August 15, 2022 | The Claimants file observations on the non-disputing party’s application. |
August 19, 2022 | The Respondent files observations on the non-disputing party’s application. |
September 23, 2022 | The Tribunal issues Procedural Order No. 3 concerning production of documents. |
September 30, 2022 | Each party files observations on the non-disputing party’s application. |
September 30, 2022 | Each party files further observations on the non-disputing party’s application. |
October 4, 2022 | Each party files its proposal on the timetable for completing the document production phase. |
October 18, 2022 | The Tribunal issues a decision on the timetable for the completion of the document production phase. |
December 9, 2022 | Each party files its submission on outstanding document production matters. |
December 10, 2022 | The Tribunal consents to the resignation of arbitrator Kamal Hossain pursuant to ICSID Arbitration Rule 8(2) and the Secretary-General notifies the parties thereof. |
December 12, 2022 | Following the resignation of arbitrator Kamal Hossain, the Secretary-General notifies the parties of the vacancy on the Tribunal and the proceeding is suspended pursuant to ICSID Arbitration Rule 10(2). |
January 17, 2023 | The Tribunal is reconstituted. Its members are: Laurent Lévy (Brazilian/Swiss), President, appointed by agreement of the parties; J William Rowley (Canadian/British), appointed by the Claimants and Zachary Douglas KC (Australian), appointed by the Respondent in accordance with ICSID Arbitration Rule 11(1). The proceeding is resumed pursuant to ICSID Arbitration Rule 12. |
March 7, 2023 | The Tribunal issues Procedural order No. 4 concerning the non-disputing party’s application to file a written submission pursuant to ICSID Arbitration Rule 37(2). |
March 8, 2023 | The Tribunal issues Procedural Order No. 5 concerning the outstanding document production matters. |
March 15, 2023 | The Claimants file an updated Privilege Log. |
March 22, 2023 | The Tribunal issues Procedural Order No. 6 concerning the Claimants’ privilege claims. |
April 3, 2023 | The non-disputing party files a written submission pursuant to ICSID Arbitration Rule 37(2). |
May 26, 2023 | Each party files observations on the non-disputing party’s application. |
June 23, 2023 | The Tribunal issues Procedural Order No. 7 concerning Claimants’ application for further production. |
October 2, 2023 | The Tribunal holds a pre-hearing organizational meeting with the parties by video conference. |
November 6, 2023 | The Tribunal issues Procedural Order No.8 concerning the organization of the hearing. |
November 13, 2023 - November 15, 2023 | The Tribunal holds a hearing on jurisdiction and the merits in London. |
November 23, 2023 | The proceeding is suspended until February 23, 2024, pursuant to the parties’ agreement. |
February 16, 2024 | The suspension of the proceeding is extended until May 23, 2024, pursuant to the parties’ agreement. |
May 14, 2024 | The suspension of the proceeding is extended until August 23, 2024, pursuant to the parties’ agreement. |
August 16, 2024 | The suspension of the proceeding is extended until November 22, 2024, pursuant to the parties’ agreement. |