Niko Resources (Bangladesh) Ltd. v. Bangladesh Petroleum Exploration & Production Company Limited ("Bapex") and Bangladesh Oil Gas and Mineral Corporation ("Petrobangla"), ICSID Case No. ARB/10/19, Procedural Order No. 5 (March 6, 2014)
In the present proceedings the Claimant filed a request for provisional measures, dated 23 December 2013 (“the Claimant’s Request for Provisional Measures”), seeking an order directing Petrobangla to withdraw its application for attachment (“Petrobangla’s Attachment Application”) before the Second Court of the Joint District Judge in Dhaka (the “Dhaka Judge”) before whom the Money Suit is pending. By its communication dated 16 February 2014, the Tribunals decided that a hearing on the Claimant’s request for provisional measure will be held during the week of 28 April to 2May 2014 in London.
Given that the hearing before the Dhaka Judge on Petrobangla’s Attachment Application is scheduled for 13 March 2014, i.e. before the provisional measures hearing in April 2014 in these arbitrations, the Tribunals invited the parties to state which measures would be required to ensure that, before the Tribunals’ decision on the Request for Provisional Measures, the situation surrounding this Request is not aggravated or compliance with a possible recommendation by the Tribunals is not rendered more difficult.