Arbitral Digest

Matter

Naftiran Intertrade Co. (NICO) Limited v. Kingdom of Bahrain (ICSID Case No. ARB/22/34)

Case no.
ARB/22/34
Seat
France
Applicable rules
ICSID Arbitration Rules in force as of July 1, 2022
  1. 7 May 2024France

    7 May 2024France

    Procedural Order No. 1

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal established the procedural rules governing the arbitration, including the applicable ICSID Arbitration Rules, representation, document production, hearings, and Paris, France as the place of the proceeding.

    Supporting details

    2 authorities · 6 participants
    Naftiran Intertrade Co. (NICO) Limited
    Kingdom of Bahrain
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Maxi Scherer
    Tribunal secretary
    Anna Holloway

    Authorities cited

    2
    • ICSID Convention (Convention on the Settlement of Investment Disputes between States and Nationals of Other States)
      statute
    • 2022 ICSID Arbitration Rules
      rules
  2. 7 May 2024France

    7 May 2024France

    Procedural Order No. 2 on Transparency and Confidentiality

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal adopted the parties' transparency and confidentiality regime, providing rules for publication of awards, orders, decisions, written submissions, supporting documents, hearings, transcripts, and confidential or protected information.

    Supporting details

    3 authorities · 6 participants
    Naftiran Intertrade Co. (NICO) Limited
    Kingdom of Bahrain
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Maxi Scherer
    Tribunal secretary
    Anna Holloway

    Authorities cited

    3
    • Agreement between the Government of Malaysia and the Government of the Kingdom of Bahrain for the Promotion and Protection of Investments (Malaysia-Bahrain BIT (1999))
      statute
    • ICSID Convention (Convention on the Settlement of Investment Disputes between States and Nationals of Other States)
      statute
    • 2022 ICSID Arbitration Rules
      rules

    27 days later · 27 days

  3. 3 June 2024France

    3 June 2024France

    Procedural Order No. 3 on the Procedural Calendar

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal recorded the finalized procedural calendar in Annex A, including alternative calendars for the requested bifurcation and subsequent phases.

    Supporting details

    6 participants
    Naftiran Intertrade Co. (NICO) Limited
    Kingdom of Bahrain
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Maxi Scherer
    Tribunal secretary
    Anna Holloway

    2 months and 9 days later · 70 days

  4. 12 August 2024France

    12 August 2024France

    Procedural Order No. 4 on Respondent's Request for Bifurcation

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal granted the Respondent's request for bifurcation. It directed that the abuse of process objection and specified parts of the ratione temporis and ratione personae objections be addressed as preliminary issues, joined the remaining issues to the merits, reserved costs, and directed the parties to follow Scenario 1B of the procedural calendar.

    Supporting details

    1 authority · 6 participants
    Naftiran Intertrade Co. (NICO) Limited
    Kingdom of Bahrain
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Maxi Scherer
    Tribunal secretary
    Anna Holloway

    Authorities cited

    1
    • 2022 ICSID Arbitration Rules
      rules

    6 months and 9 days later · 193 days

  5. 21 February 2025France

    21 February 2025France

    Procedural Order No. 5 on the Parties' Requests for Document Production

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal decided the parties' disputed document production requests. The decisions, including directions to produce documents and rejected or limited requests, are set out in the Stern schedules attached as Annexes A and B.

    Supporting details

    3 authorities · 6 participants
    Naftiran Intertrade Co. (NICO) Limited
    Kingdom of Bahrain
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Maxi Scherer
    Tribunal secretary
    Anna Holloway

    Authorities cited

    3
    • ICSID Convention (Convention on the Settlement of Investment Disputes between States and Nationals of Other States)
      statute
    • 2022 ICSID Arbitration Rules
      rules
    • IBA Rules on the Taking of Evidence in International Arbitration 2020
      rules

    4 months and 11 days later · 131 days

  6. 2 July 2025France

    2 July 2025France

    Procedural Order No. 6 on Hearing Organization

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal set the organization of the hearing, including the in-person hearing dates and venue in Paris, the order and allocation of hearing time, electronic hearing bundles, witness and expert examination, transcription, and hearing confidentiality. It also recorded the Tribunal's reconstitution after Bernard Hanotiau's resignation and Eduardo Silva Romero's appointment.

    Supporting details

    1 authority · 6 participants
    Naftiran Intertrade Co. (NICO) Limited
    Kingdom of Bahrain
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Maxi Scherer
    Tribunal secretary
    Alex B. Kaplan

    Authorities cited

    1
    • 2022 ICSID Arbitration Rules
      rules

Matter record

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Naftiran Intertrade Co. (NICO) Limited v. Kingdom of Bahrain (ICSID Case No. ARB/22/34) · Matter