Niko Resources v. Petrobangla and Bapex (Decision on Liability)
ICSID · Investment (ICSID and treaty) · International (investor-state) · February 28, 2020
Why it matters
Niko Resources v. Petrobangla and Bapex is an investment-treaty arbitration, in which a foreign investor argued that a state had fallen short of the protections it had promised under a treaty. Disputes of this kind turn on the balance between an investor's protections and a state's freedom to regulate in the public interest. The tribunal's full reasoning, and any sum awarded, are set out in the original.
Summary
This is the decision on liability in Niko Resources v. Petrobangla and Bapex, handed down on 28 February 2020. It belongs to the world of investment-treaty arbitration, in which a foreign investor brings a claim against a state, saying the state has breached the protections promised to investors under a treaty. The matter was administered by ICSID, the usual machinery for disputes of this kind. italaw is the established open archive for this field, and this entry points to its record; the tribunal's full reasoning, and any sum it awarded, are set out in the document itself.
The detail
Parties: Niko Resources v. Petrobangla and Bapex
Case number: See italaw record
Outcome: Decision on Liability in Niko Resources v. Petrobangla and Bapex. The disposition is set out in the original.
Applicable law: The applicable investment treaty; ICSID, UNCITRAL or ad hoc arbitration rules.
Issues in play: A foreign investor's treaty protections weighed against a sovereign state's exercise of its powers.
Read the full decision at italaw ↗
Locus Standi links to the source decision and publishes its own plain-language summary. It does not reproduce the text of the award.