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. 9 (December 1, 2014)
In paragraph 292(5) of the Decision on the Payment Claim, the Tribunals invited the Parties “to seek an amicable settlement with respect to the modalities for implementing the present decision and to report by no later than 30 September 2014.” Paragraph 292(6) further indicated that “[f]ailing amicable settlement, any Party may seize the Tribunal for recommendations on provisional measures or a final decision concerning the outstanding amounts.”
Further to the Tribunals’ invitation, the Parties subsequently submitted reports and informed the Tribunals on the status of their discussions on several occasions, including at the Procedural Consultation of 12 November 2014.
On 25 November 2014, the Claimant filed a Request for Provisional Measures concerning the Decision on the Payment Claim (the “Request”), the Parties having failed to reach an amicable settlement with respect to the modalities for implementing the Decision on the Payment Claim. In its Request, the Claimant requested that “the Tribunals order provisional measures that provisionally give effect to the Decision on the Payment Claim pending the Tribunals’ decision in the Compensation Declaration” (Request, ¶ 2). Specifically, the Claimant requested that “the Tribunals adopt provisional measures ordering Petrobangla to pay the outstanding amounts stated in paragraph 292(1) and (2) of the Decision on the Payment Claim (amounts in principal and pre-award interest) along the lines suggested in Alternatives A to D of Niko’s Revised Submissions of 29 April 2014, and as the Tribunals deem fit.” (Request, ¶ 8)