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) - 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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May 26, 2023 - Each party files observations on the non-disputing party’s application.
(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 procedural calendar. |
April 29, 2022 | The Respondent files a counter-memorial on the merits and a memorial on the counter-claims. |
August 26, 2022 | Non-disputing parties file 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. |
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. |
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. |
March 8, 2023 | The Tribunal issues Procedural Order No. 5. |
March 22, 2023 | The Tribunal issues Procedural Order No. 6. |
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. |