Niko Resources (Bangladesh) Ltd. v. Bangladesh Petroleum Exploration & Production Company Limited ("Bapex") and Bangladesh Oil Gas and Mineral Corporation ("Petrobangla"),  ICSID Case No. ARB/10/11

Short Name:

Niko Resources v. Bapex and Petrobangla

Country in which this occurs:
Bangladesh
Applicable arbitration rules:
Seat of Arbitration:
Investment treaty:
Applicable legal instruments:
Amount of damages:
US $14,549,385
Other remedy:
The Tribunal ordered Niko to compensate BAPEX for direct loss and damage from the first blowout, including lost gas, carbon sequestration costs, and local population losses.

Available documents

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14 Feb 2010
Procedural Order No. 1
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Procedural Order No. 1
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Procedural Order No. 1
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19 Sep 2011
Procedural Order No. 2
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Procedural Order No. 2
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Procedural Order No. 2
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19 Aug 2013
Decision on Jurisdiction
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Decision on Jurisdiction
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Decision on Jurisdiction
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15 Nov 2013
Procedural Order No. 3
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Procedural Order No. 3
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31 Jan 2014
Procedural Order No. 4
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Procedural Order No. 4
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Procedural Order No. 4
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6 Mar 2014
Procedural Order No. 5
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Procedural Order No. 5
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Procedural Order No. 5
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1 May 2014
Procedural Order No. 6
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Procedural Order No. 6
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Procedural Order No. 6
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11 Sep 2014
Decision on the Payment Claim
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Decision on the Payment Claim
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Decision on the Payment Claim
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17 Oct 2014
Procedural Order No. 7
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Procedural Order No. 7
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7 Nov 2014
Procedural Order No. 8
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Procedural Order No. 8
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1 Dec 2014
Procedural Order No. 9
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Procedural Order No. 9
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Procedural Order No. 9
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30 May 2015
Procedural Order No. 10
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Procedural Order No. 10
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19 Aug 2015
Procedural Order No. 11
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Procedural Order No. 11
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14 Sep 2015
Decision on Implementation of the Decision on the Payment Claim
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Decision on Implementation of the Decision on the Payment Claim
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Decision on Implementation of the Decision on the Payment Claim
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21 Oct 2015
Procedural Order No. 12
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Procedural Order No. 12
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26 May 2016
Procedural Order No. 13
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Procedural Order No. 13
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Procedural Order No. 13
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26 May 2016
Third Decision on the Payment Claim
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Third Decision on the Payment Claim
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Third Decision on the Payment Claim
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19 Jul 2016
Decision Pertaining to the Exclusivity of the Tribunal's Jurisdiction
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Decision Pertaining to the Exclusivity of the Tribunal's Jurisdiction
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Decision Pertaining to the Exclusivity of the Tribunal's Jurisdiction
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29 Jul 2016
Procedural Order No. 14
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Procedural Order No. 14
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7 Oct 2016
Procedural Order No. 15
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Procedural Order No. 15
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14 Nov 2016
Procedural Order No. 16
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Procedural Order No. 16
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Procedural Order No. 16
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11 Jan 2017
Procedural Order No. 17
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Procedural Order No. 17
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Procedural Order No. 17
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23 Mar 2017
Procedural Order No 18
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Procedural Order No 18
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Procedural Order No 18
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15 Apr 2017
Procedural Order No. 19
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Procedural Order No. 19
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Procedural Order No. 19
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17 May 2017
Procedural Order No. 20
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Procedural Order No. 20
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Procedural Order No. 20
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4 Jun 2017
Procedural Order No. 21
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Procedural Order No. 21
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Procedural Order No. 21
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27 Jun 2017
Procedural Order No. 22
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Procedural Order No. 22
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Procedural Order No. 22
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25 Feb 2019
Decision on the Corruption Claim
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Decision on the Corruption Claim
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Decision on the Corruption Claim
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28 Feb 2020
Decision on Liability
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Decision on Liability
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Decision on Liability
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18 May 2021
Decision on Heads of Recoverable Loss
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Decision on Heads of Recoverable Loss
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Decision on Heads of Recoverable Loss
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18 Dec 2025
Award
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Case Summary
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In Niko Resources v. Bapex, an ICSID tribunal issued a final award in a long-running commercial dispute arising from a 2003 Joint Venture Agreement (JVA) for the development of gas fields in Bangladesh. The case, initiated by Niko Resources (Bangladesh) Ltd., sought a declaration of non-liability for two major gas well blowouts that occurred at the Chattak field in 2005. The arbitration was conducted in parallel with a related case concerning payment for gas deliveries (ARB/10/18). The Tribunal, having previously dismissed the Government of Bangladesh from the case on jurisdictional grounds, confirmed its jurisdiction over the state-owned respondent, Bapex. The proceedings were marked by significant procedural complexity, including an initial period where Bapex did not substantively engage, prompting the Tribunal to appoint its own experts. A major phase of the arbitration involved a broad corruption claim brought by the Respondents, alleging the JVA was procured by bribery. In a 2019 decision, the Tribunal dismissed these allegations, allowing the main case on liability to resume. In its 2020 Decision on Liability, the Tribunal found that Niko had breached its contractual obligation to act as a “prudent operator” under the JVA. It concluded that the first blowout was caused by Niko’s excessively risky well design and failure to properly prepare the drilling crew. However, it found Niko was not responsible for the second blowout, which occurred at a relief well. The final Award quantifies the damages owed by Niko. The Tribunal awarded Bapex approximately USD 21.4 million, comprising compensation for Bapex's and the Government's share of lost gas and a novel award for the costs of carbon sequestration to remedy the atmospheric pollution caused by the blowout's greenhouse gas emissions. Additionally, the Tribunal awarded approximately BDT 50 million (Bangladeshi Taka) for losses to education and for the stress and disruption suffered by the local population. The award also included a complex allocation of the substantial legal and arbitration costs accumulated over the decade-long dispute, with each party bearing a significant portion based on their relative success on different issues.