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Niko Resources v. Bangladesh (1)

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Case Details

Year of Filing: 2010

Case Status: Arbitral Phase Pending

Claimant(s): Niko Resources (Bangladesh) Ltd.

Respondent(s): Bangladesh Oil Gas and Mineral Corporation (Petrobangla), Bangladesh Petroleum Exploration and Production Company Limited (Bapex), People's Republic of Bangladesh

Arbitral Rules: ICSID

Legal Instrument: Contract

Administrative Case Number: ARB/10/11

Arbitral Tribunal

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Major Developments

Key Decision:

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Counsel

Counsel for Claimant:

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Counsel for Respondent:

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Prior IAReporter Coverage of Niko Resources v. Bangladesh (1)

ICSID tribunal finds Niko Resources liable for blowout of gas field in Bangladesh dispute May 4, 2020
Schneider, Paulsson and McLachlan in newly-surfaced 600 page ICSID decision, see no proof of corruption by Canadian investor, Niko – merely engagement of local “lobbyists” in Bangladesh Aug 1, 2019
In a new ruling, arbitrators reject respondent’s bid to obtain documents from internal corruption investigation; Deloitte report is deemed privileged under local law Aug 3, 2017
ICSID tribunal considers power to seek assistance from domestic courts, but sees no grounds to exercise such power in Bangladesh gas dispute Apr 18, 2017
ICSID tribunal in Niko Resources vs. Petrobangla and BAPEX skirts question of powers to reconsider prior substantive decisions Nov 15, 2016
Tribunal sets out timetable for examining corruption allegations in Bangladesh case, but declines to reconsider prior reluctance to seek investigative records from Canadian officials Oct 20, 2016
ICSID tribunal orders state-owned companies to work to get local court injunction lifted Jul 20, 2016
ANALYSIS: Tribunal’s decision to re-open corruption issue in Bangladesh case does not delve into ongoing debate over powers of reconsideration Jun 16, 2016
In Petrobangla case, local injunction issued before contract can’t excuse non-payment for gas under that contract Sep 23, 2014
In new ruling, investor’s corruption conviction is not a bar to jurisdiction over two claims by energy company Niko Resources in Bangladesh arbitrations Aug 20, 2013
Tribunals picked in Bangladesh, Kazakhstan and Venezuela disputes Jan 13, 2011
New ICSID claims: AES sues Kazakhstan; more farmers sue Zimbabwe; Canadian firm seeks arbitration of Bangladeshi environmental and payment claims Aug 5, 2010