Summary

1. This is an application under s. 68(2)(d) of the Arbitration Act 1996 in which the Claimant alleges serious irregularity in the Award of an arbitral tribunal ("the Award") because the tribunal ("the Tribunal") failed to deal with all the issues that were put it. The Claimant asks the Court to set aside or vary the Award rather than remit it to the Tribunal in the particular circumstances of this case.

2. The arbitration arose out of a project to construct a power station in Kabul, Afghanistan. Under a contract dated 14 June 2008, the Prime Contractor (whom I shall refer to as "the JV") engaged Symbion Power LLC ("Symbion") for a scope of works called the Balance of Plant. This contract is referred to as "the BOP Contract".

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ICC Arbitration