Arbitral Digest

Matter

Interocean Oil Development Company and Interocean Oil Exploration Company v. Federal Republic of Nigeria (ICSID Case No. ARB/13/20)

Case no.
ARB/13/20
Applicable rules
ICSID Arbitration Rules
  1. 26 February 2014Arbitration

    26 February 2014Arbitration

    Procedural Order No. 1 dated 26 February 2014

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal established the procedural rules, tribunal constitution, party representation, cost advances, filings, document production, witness and expert evidence, hearings, and timetable for the arbitration.

    Supporting details

    4 authorities
    International Centre for Settlement of Investment Disputes

    Authorities cited

    4
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States
      statute
    • ICSID Rules of Procedure for Arbitration Proceedings (ICSID Arbitration Rules in effect as of April 2006)
      rules
    • ICSID Administrative and Financial Regulations, Regulation 25
      statute
    • IBA Rules on the Taking of Evidence in International Arbitration 2010 (IBA Rules on the Taking of Evidence, 2010)
      rules

    8 months and 3 days later · 245 days

  2. 29 October 2014Arbitration

    29 October 2014Arbitration

    Decision on Preliminary Objections dated 29 October 2014

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal rejected objections concerning consent, the role of the ICSID Rules, the Respondent's competence as a party, and limitation. It joined questions concerning the adequacy of the Claimants' acceptance, registration, and premature filing to the merits, and reserved costs.

    Supporting details

    1 authority
    International Centre for Settlement of Investment Disputes

    Authorities cited

    1
    • Nigerian Investment Promotion Commission Act, Chapter N117 (Decree No. 16 of 1995)
      statute

    3 months and 7 days later · 99 days

  3. 5 February 2015Arbitration

    5 February 2015Arbitration

    Procedural Order No. 2 dated 5 February 2015

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal fixed the timetable for the next phase of the proceedings, including memorials, document production, replies, rejoinder, and the evidentiary hearing.

    Supporting details

    International Centre for Settlement of Investment Disputes

    1 year and 12 days later · 377 days

  4. 17 February 2016Arbitration

    17 February 2016Arbitration

    Procedural Order No. 3 dated 17 February 2016

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal denied, granted, or noted as withdrawn the Claimants' document requests as specified in the Order, and limited production on granted requests to material created during the five years before filing of the ICSID arbitration.

    Supporting details

    1 authority
    International Centre for Settlement of Investment Disputes

    Authorities cited

    1
    • IBA Rules on the Taking of Evidence in International Arbitration 2010 (IBA Rules on the Taking of Evidence, 2010)
      rules

    2 months and 3 days later · 63 days

  5. 20 April 2016Arbitration

    20 April 2016Arbitration

    Procedural Order No. 4 dated 20 April 2016

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal expanded the document-search period for Requests 5 and 9 to material created as far back as July 2005, left Requests 4 and 11 unchanged, and granted the revised Request 8 subject to stated limits.

    Supporting details

    1 authority
    International Centre for Settlement of Investment Disputes

    Authorities cited

    1
    • IBA Rules on the Taking of Evidence in International Arbitration 2010 (IBA Rules on the Taking of Evidence, 2010)
      rules

    5 months and 25 days later · 178 days

  6. 15 October 2016Arbitration

    15 October 2016Arbitration

    Procedural Order No. 5 dated 15 October 2016

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal directed the Respondent and the Claimants to disclose specified information concerning the authority and funding of their legal teams, including confirmation concerning Volterra Fietta and Rose Rameau.

    Supporting details

    1 authority
    International Centre for Settlement of Investment Disputes

    Authorities cited

    1
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States
      statute

    3 months and 17 days later · 109 days

  7. 1 February 2017Arbitration

    1 February 2017Arbitration

    Procedural Order No. 6 dated 1 February 2017

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal concluded that the Respondent had not established that provisional measures were justified and rejected the Respondent's application for security for costs.

    Supporting details

    3 authorities
    International Centre for Settlement of Investment Disputes

    Authorities cited

    3
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States
      statute
    • ICSID Rules of Procedure for Arbitration Proceedings (ICSID Arbitration Rules in effect as of April 2006)
      rules
    • ICSID Administrative and Financial Regulations, Regulation 25
      statute

    8 months and 2 days later · 244 days

  8. 3 October 2017Arbitration

    3 October 2017Arbitration

    Decision on the Proposal to Disqualify All Members of the Arbitral Tribunal dated 3 October 2017

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Chairman of the Administrative Council rejected the Respondent's proposal to disqualify all members of the Tribunal in its entirety.

    Supporting details

    2 authorities
    International Centre for Settlement of Investment Disputes

    Authorities cited

    2
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States
      statute
    • ICSID Rules of Procedure for Arbitration Proceedings (ICSID Arbitration Rules in effect as of April 2006)
      rules

    5 months and 17 days later · 168 days

  9. 20 March 2018Arbitration

    20 March 2018Arbitration

    Procedural Order No. 7 dated 20 March 2018

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal confirmed the provisional admission of the June 11 documents, reserved the possibility of giving them little or no weight if their provenance remained doubtful, and directed the parties on post-hearing briefs and related submissions.

    Supporting details

    International Centre for Settlement of Investment Disputes

    1 month and 24 days later · 55 days

  10. 14 May 2018Arbitration

    14 May 2018Arbitration

    Procedural Order No. 8 dated 14 May 2018

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal directed both parties to submit their annexes simultaneously with their post-hearing briefs and allowed replies limited to issues and arguments raised in the other party's annex.

    Supporting details

    International Centre for Settlement of Investment Disputes

    2 years, 4 months and 22 days later · 876 days

  11. 6 October 2020Arbitration

    6 October 2020Arbitration

    Award dated 6 October 2020

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal rejected the remaining jurisdictional objections, found no liability or breach by the Respondent, dismissed the Claimants' damages, restitution, and beneficial-ownership claims, and ordered the Claimants to pay USD 660,129.87 to the Respondent as reimbursement of its share of the arbitration costs. All other claims were dismissed.

    Supporting details

    4 authorities · 3 participants
    Interocean Oil Development Company
    Interocean Oil Exploration Company
    Federal Republic of Nigeria
    International Centre for Settlement of Investment Disputes

    Authorities cited

    4
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States
      statute
    • Nigerian Investment Promotion Commission Act, Chapter N117 (Decree No. 16 of 1995)
      statute
    • Nigerian Investment Promotion Commission Act (Chapter N117 of Decree No. 16, 16 January 1995)
      statute
    • Nigerian Companies and Allied Matters Act 1990 (Companies and Allied Matters Act 1990)
      statute

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Interocean Oil Development Company and Interocean Oil Exploration Company v. Federal Republic of Nigeria (ICSID Case No. ARB/13/20) · Matter