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Dhaka Friday,  Mar 29, 2024

Final Haring Held In November

Niko Case Will Over Soon

Rofiqul Bashar

After a long time, Niko case is going to over in international
tribunal. Last hearing will be held in 2 and 6 November and then the
final verdict.
Saturday, law minister Anisul Haque goes to London to discuss with the
lawyers about the ongoing case. In Thursday Mr Haque said to
Energybangla, we will discuss about the case with the attorneys what
we can do on this case. He denied to comment anything about the result
of the ongoing case.
There is complaints that, Bangladesh did not submit enough data and
evidences in the previous hearings. Canadian company Niko Resource
filed this national interest case against state run company BAPEX
although Bangladesh was affected.
BAPEX source informs, the attorneys of this case didn’t submit enough
evidence to the judge. By knowing this, we cancelled the attorney. We
appointed new attorney for this case and apply for time so that we can
present our logics and evidences on this again. We didn’t get extra
time. So, hearing will be over in November.
Secretary of Petro Bangla Ashrafujjaman said to Energybangla, two
hearings on this case will over in November. Before the final verdict
it is not possible to say anything about result. Newly, attorney was
appointed. They will perform on those two hearings.
Source informs, on 1st October pre-hearing was placed through video
conferencing. On that hearing BAPEX newly placed their logics and
evidences. They exposed those evidences which was not presented
previously.
Niko filed two case on international tribunal in 12th April and
another was in 16th June on 2010.  One was to escape from compensation
(RB/10/11) and another was to get their owe money (RB/10/18).
Managing director of BAPEX Atikujjaman said to energybangla, BAPEX
didn’t submitted appropriate papers and evidences. So, Situation was
against BAPEX. By knowing the fact BAPEX apply to place their logics
newly.
Petro Bangla and the government claimed compensation from Niko for the
damages occurred due to the explosion in Tengratila gas field. BAPEX
things, the accident occurred because of the negligence of Niko. But
there is a dispute about negligence and the amount of claimed
compensations. Niko refused to pay the compensation. Niko filed case
in The International Centre for Settlement of Investment Disputes
(ICSID) not to give compensation amount. On the contrary BAPEX took
decision not to pay their owe money. In reply, Niko filed another case
against BAPEX claiming their money.
BAPEX appointed US legal organization Foge Hogue LLP at Washington DC.
A lowery of Supreme Court Imtiaz Uddin Ahmod Asif will assist this
organization.
BAPEX excluded Taofiq Newaj, their previous attorney, from this case
due to negligence. Because of Newaj’s the foreign lowers was resigned
from this case.

Source informs, Niko placed in the court that after the accident gas
wells had been closed. Gas was not emitted from this filed. In real,
after 10 year of the accident gas babble were seen in various villages
in Tengratila. Gas emission was not stopped. Videos of gas emission
were submitted on the pre-hearing through video conferencing.
There was two explosion in Tengratila gas field on Chatok. After the
accident BAPEX filed a case against Niko in local Court seeking
compensations. Niko has 90 per cent stakes of this gas field remaining
10 per cent to BAPEX. The gas field was managed by Niko but it didn’t
want to take the responsibility of the accident. Feni gas field was
also managed by Niko. Petro Bangla bought gas from Niko. When Niko
disagreed to pay the compensation for the accident Petro Bangla
stopped paying for the gas of Feni gas field with the permission of
the High Court. It was said if Niko didn’t agree to pay the
compensation they will not get Feni money. A case is still running on
this in local Court. Niko filed two case in international Court to get
Feni money and avoid the compensation.
Petro Bangla claimed tk 746cr from Niko as compensation for the
accident. But Niko not agreed to give one third of the compensation
money. Their logic is there is no damage in stock because of those two
accident. Surface gas may cause the fire. Niko only agreed to give
compensation to the people around the area and for the environment
damage.

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