Case Details

Shell Petroleum N.V. and The Shell Petroleum Development Company of Nigeria Limited v. Federal Republic of Nigeria (ICSID Case No. ARB/21/7)

Subject of Dispute:

Oil exploration and development
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):

Shell Petroleum N.V. (Dutch), The Shell Petroleum Development Company of Nigeria Limited (Nigerian)
Respondent(s):

Federal Republic of Nigeria (Nigerian)
Date Registered:

February 10, 2021
Date of Constitution of Tribunal:

August 9, 2021

Composition of Tribunal

President:

Mohamed S. ABDEL WAHAB (Egyptian) - Appointed by the Parties
Arbitrators:

Neil KAPLAN (British) - Appointed by the Claimant(s)
Yas BANIFATEMI (French, Iranian) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Debevoise & Plimpton, London, U.K. and New York, N.Y., U.S.A.
Respondent(s):

Cleary Gottlieb Steen & Hamilton, London, U.K. and Paris, France
Olujinmi & Akeredolu Solicitors, Abuja, Nigeria
Yusuf Ali & Co, Abuja, Nigeria
Status of Proceeding:

Concluded
Outcome of Proceeding:

October 13, 2022 - The Tribunal issues an order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1).

No References Available.

(a) Original Proceeding

Date	Development
February 10, 2021	The Secretary-General registers a request for the institution of arbitration proceedings.
April 21, 2021	Following appointment by the Claimants, Neil Kaplan (British) accepts his appointment as arbitrator.
April 30, 2021	The Claimants file a request for provisional measures.
May 15, 2021	Following appointment by the Respondent, Yas Banifatemi (French/Iranian) accepts her appointment as arbitrator.
June 9, 2021	The Respondent files observations on the Claimants’ request for provisional measures.
June 30, 2021	The Claimants file a response to the Respondent’s observations of June 9, 2021.
July 21, 2021	The Respondent files further observations on the Claimants’ request for provisional measures.
August 9, 2021	Following appointment by agreement of the parties, Mohamed S. Abdel Wahab (Egyptian) accepts his appointment as presiding arbitrator.
August 9, 2021	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Mohamed S. Abdel Wahab (Egyptian), President, appointed by agreement of the parties; Neil Kaplan (British), appointed by the Claimants; and Yas Banifatemi (French/Iranian), appointed by the Respondent.
August 12, 2021	The Respondent files a proposal for disqualification of arbitrator Neil Kaplan. The proceeding is suspended in accordance with ICSID Arbitration Rule 9(6).
August 26, 2021	The Claimants file observations on the proposal for disqualification.
August 30, 2021	The arbitrator furnishes explanations regarding the proposal for disqualification in accordance with ICSID Arbitration Rule 9(3).
September 14, 2021	The Respondent files additional observations on the proposal for disqualification.
September 28, 2021	The Claimants file a response to the Respondent’s additional observations of September 14, 2021.
March 10, 2022	The proposal for disqualification of arbitrator Neil Kaplan is declined by the Chairman of the Administrative Council. The proceeding is resumed pursuant to ICSID Arbitration Rule 9(6).
March 30, 2022	The Claimants withdraw their request for provisional measures.
May 25, 2022	The proceeding is suspended until August 25, 2022, pursuant to the parties’ agreement.
August 25, 2022	The suspension of the proceeding is extended until September 7, 2022, pursuant to the parties’ agreement.
September 8, 2022	The suspension of the proceeding is further extended until September 16, 2022, pursuant to the parties’ agreement.
September 16, 2022	The parties file a request for the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1).
October 13, 2022	The Tribunal issues an order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1).