- ICSID tribunal considers scope of power to request assistance from national court (Niko v Bapex and Petrobangla)
- Original news
- What are the implications of the tribunal's decision?
- What was the nature of the request?
- What were the parties' respective positions on this issue?
- The respondents
- The claimant
- What did the tribunal decide?
Arbitration analysis: In a recent procedural order, the tribunals in the International Centre for Settlement of Investment Disputes (ICSID) arbitration proceedings between Niko Resources (Bangladesh) Ltd (the claimant) and Bangladesh Petroleum Exploration and Production Company Limited (Bapex) and Bangladesh Oil Gas and Mineral Corporation (Petrobangla) (the respondents) considered the scope of the tribunals’ power to issue a request for assistance in the collection of evidence to a national court or to permit a party to pursue such a request directly. The tribunals’ order will be of interest to investment arbitration practitioners given the parties were unable to locate any previous authority on this point.
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