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)

Subject of Dispute:

Oil mining concession
Economic Sector:

Oil, Gas & Mining
Instrument(s) Invoked:

BIT Netherlands - Nigeria 1992
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Eni International B.V. (Dutch), Eni Oil Holdings B.V. (Dutch), Nigerian Agip Exploration Limited (Nigerian)
Respondent(s):

Federal Republic of Nigeria (Nigerian)
Date Registered:

October 9, 2020
Date of Constitution of Tribunal:

July 13, 2021

Composition of Tribunal

President:

Laurent LÉVY (Brazilian, Swiss) - Appointed by the Parties
Arbitrators:

J. William ROWLEY (British, Canadian) - Appointed by the Claimant(s)
Kamal HOSSAIN (Bangladeshi) - Appointed by the Respondent(s)

Initial Composition of Tribunal

President:

Laurent LÉVY (Brazilian, Swiss) - Appointed by the Parties
Arbitrators:

Stanimir A. ALEXANDROV (Bulgarian) - Appointed by the Claimant(s)
Kamal HOSSAIN (Bangladeshi) - Appointed by the Respondent(s)
Reconstituted:

January 13, 2022: J. William ROWLEY (British ,Canadian) appointed following the resignation of Stanimir A. ALEXANDROV (Bulgarian)

Party Representatives

Claimant(s):

Three Crowns, London, U.K., Paris, France and Washington, D.C., U.S.A.
Aluko & Oyebode, Abuja Nigeria
Respondent(s):

Afe Babalola & Co., Abuja, Nigeria
Squire Patton Boggs, London, U.K., Paris, France and Milan, Italy
Language(s) of Proceeding:

English
Status of Proceeding:

Pending
Latest Development:

August 26, 2022 - Non-disputing parties file an application to file a written submission pursuant to ICSID Arbitration Rule 37(2).

No References Available.

(a) Original Proceeding

Date	Development
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 in accordance with ICSID Arbitration Rule 11(1); and Kamal Hossain (Bangladeshi), appointed by the Respondent. 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).