Under the terms of the Initial Contract, Respondent CPI was to deliver to Petitioner Kazsilicon 280 metric tons of solar grade silicon by the end of 2014 for a total price of USD $5,040,000. See the Initial Contract, Annex No.1 at p. 14. The original terms provided for payment in three installments: a 20% advance payment of the total cost of the solar grade silicon, a 60% pre-payment for each batch to be supplied, and the remaining 20% upon receipt of the supplied SoG-Si. (Award ¶¶ 193-194) Kazsilicon made advance payments to CPI of USD $1,997.776.68 pursuant to the Initial Contract, but at the time the Initial Contract, as amended, expired, CPI had delivered only about 39 metric tons of SoG-Si worth USD $701,776.68. (Award ¶ 203)
(1) The Sole Arbitrator declares to have jurisdiction over the Claimant's claims and the Respondent's counterclaim.
(2) The Sole Arbitrator orders the Respondent to pay the Claimant an amount of USD 1,379,707.00.
(3) The Sole Arbitrator rejects the Respondent's counterclaim.
(4) The Sole Arbitrator orders the Respondent to pay the Claimant an amount of USD 33,800.00 for the Sole Arbitrator's fees and expenses and the ICC administrative expenses as fixed by the ICC Court.
(5) The Sole Arbitrator orders the Respondent to pay the Claimant an amount of USD 141,134.25, KZH 1,500,000.00 and GBP 4,402.50 for its legal fees and expenses.
(6) The Sole Arbitrator orders the Claimant to pay the Respondent an amount of CHF 41,095.60, GBP 1,360.00, EUR 659.50 and USD 37.00 for its legal fees and expenses.
(7) The Sole Arbitrator rejects all other requests, claims and counterclaims.
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