Symbion Power LLC v Venco Imtiaz Construction Company
The tribunal did not fail to deal with any essential issue; all defences raised by Symbion were either not properly issues, were considered and rejected, or had fallen away. No substantial injustice was caused. The application under s.68(2)(d) Arbitration Act 1996 fails.
Source-derived case information.
- Parties
- Claimant: Symbion Power LLC; Defendant: Venco Imtiaz Construction Company
- Jurisdiction
- England and Wales
- Judgment Date
- 10 March 2017
- Procedural Posture
- Arbitration Challenge / Judgment on Application Under S.68(2)(d) Arbitration Act 1996
- Outcome
- Application dismissed
- Legal Topics
- Serious Irregularity, Failure to Deal With Issues, Collateral Estoppel, Burden of Proof, Conclusive Evidence, Overstatement Defence, Confidentiality in Arbitration
Source-derived case record
Summary, issues, holding and outcome
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Parties
Symbion Power LLC
Claimant
Venco Imtiaz Construction Company
Defendant
Procedural Posture
Arbitration Challenge / Judgment on Application Under S.68(2)(d) Arbitration Act 1996
Legal Issues
- 1 Whether the arbitral tribunal failed to deal with all issues put to it under s.68(2)(d) Arbitration Act 1996
- 2 Whether collateral estoppel from a prior award applied
- 3 Whether invoices and purchase orders were conclusive evidence
Ratio Decidendi
The tribunal did not fail to deal with any essential issue; all defences raised by Symbion were either not properly issues, were considered and rejected, or had fallen away. No substantial injustice was caused. The application under s.68(2)(d) Arbitration Act 1996 fails.
Court Disposition
Application dismissed
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